RAM SINGH S/O SHRI BALOR SINGH Vs. BALVINDRA SINGH S/O SHRI MUKAND SINGH, BY CASTE JAT SIKH, AGED ABOUT 60 YEARS, RESIDENT OF AKKANWALI, TEHSIL & DISTRICT SRI GANGANAGAR

JUDGEMENT

(1.) This writ petition is directed against order dated 19.9.16 passed by the Civil Judge, Sri Ganganagar, whereby an application preferred by the petitioner-defendant under Order 7, Rule 11 CPC, seeking rejection of the plaint, stands dismissed.

(2.) The relevant facts are that the respondent-plaintiff filed a suit for permanent injunction against the petitioners and the respondents no.2 to 5 herein, in respect of plot no.115 measuring 60x80 sq. ft. comprising Square no.11, Kila No. 25 in chak 501 LNP. The suit is filed by the plaintiff on the strength of a patta of the land issued in his favour on 10.6.99, by the Gram Panchayat, 18 ML Hirnawali.

(3.) During the pendency of the suit, the petitioners-defendants preferred an application under Order 7, Rule 11 CPC, seeking rejection of the plaint on the ground that the patta dated 10.6.99 issued in favour of the plaintiff by the Gram Panchayat without following the procedure laid down, is null and void. The petitioners contended that the disputed land is agriculture land and therefore, the Gram Panchayat had no jurisdiction to issue patta. The petitioners further contended that the plaintiff has not given the true and correct description of the property and therefore, the plaint is liable to be rejected for this reason also. That apart, it was contended that the half portion of the land is admittedly occupied by Baba Tejpuri Kutia and therefore, for the remaining land, the Gram Panchayat had no authority to issue the patta.