BHANWAR LAL Vs. GRAM PANCHAYAT DHOONDHLA

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant is aggrieved against the judgment and decree passed by the first appellate court dated 5.3.1982 by which the first appellate court reversed the judgment and decree of the trial court dated 13.12.1976 and dismissed the suit of the appellant-plaintiff.

(2.) Brief facts of the case are that Dalpat Raj and Ravindra Singh were the alleged owners of the house in dispute situated in the Village Dhoondhla. The plaintiff claimed that the said house was purchased by him from said Dalpat Raj and Ravindra Singh(defendant nos.10 and 11) by registered sale-deed dated 26.3.1968 after paying consideration of Rs.4000/-. The Sarpanch, Gram Panchayat (defendant no.1) and the villagers of the Gram Panchayat, Dhoondhla threatened to dis-possess the plaintiff on 7.4.1968 but they failed in dis-possessing the plaintiff but on 8.6.1968, defendant no.2 in the capacity of Sarpanch as well as the villagers, encroached upon the house. Therefore, the plaintiff served a notice upon the Gram Panchayat and the Sarpanch under Section 79 of the Rajasthan Panchayat Act, 1953 and thereafter filed the suit for possession after seeking permission under Order 1 Rule 8 C.P.C. The defendants submitted written statement and pleaded that the house in dispute is a public property and the Gram Panchayat as well as the villagers are in possession of the said house since last 20 years. It is alleged that the plaintiff was never put in possession by any body including by the vendors (defendant nos.10 and 11). Several other pleas were taken by the defendants, but they are not very much relevant for the purpose of deciding this appeal.

(3.) The trial court held that the suit property was sold by defendant nos.10 and 11 to the plaintiff by registered sale-deed. The trial court also considered the fact that though sale-deed purported to have been executed through power of attorney but since vendors defendant nos.10 and 11 also signed the sale-deed dated 26.3.1968, therefore, the saledeed is executed by the real owners of the property (defendant nos.10 and 11- Dalpat Raj and Ravindra Singh). The trial court, therefore, decreed the suit of the plaintiff for possession of the property in dispute by judgment and decree dated 13.12.1976.