DES RAJ AND ANR. Vs. THE GRAM SABHA OF VILLAGE LADHOT AND ANR.
LAWS(P&H)-1980-8-51
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 23,1980

Des Raj And Anr. Appellant
VERSUS
The Gram Sabha Of Village Ladhot And Anr. Respondents

JUDGEMENT

J.V. Gupta, J. - (1.) This order will dispose of R.S.A. Nos. 575 to 590 of 1969 as all of them arise out of the same judgment of the District Judge, Rohtak dated March 1, 1969.
(2.) The Plaintiff Appellants filed these suits for permanent injunction against Gram Sabha and Gram Panchayat, Ladhot, on the allegations that the Shamilat land of Pana Ladhot had been partitioned between the various proprietors in the year 1945 -46 and that they were individually in cultivating possession of their shares on payment of land revenue. It is further pleaded that according to them the disputed land of all the cases have not vested in the Panchayat and as such the Panchayat could not take the possession of that land and therefore, the order passed by the Assistant Collector First Grade in putting the Panchayat into possession of all the disputed land was without jurisdiction.
(3.) The suits were contested by the Gram Panchayat and it was pleaded that the suit land of all these cases had vested in the Panchayat and it had never been partitioned and the Plaintiffs of all these cases have never remained in possession as alleged by them. On the pleadings of the parties the trial Court framed the two sets of issues which are as under: (1) Whether the Plaintiffs are owners in possession of the land in dispute? OPP. (2) Whether the order of the A.C. 1st Grade, Rohtak is void and without jurisdiction and what is the effect of the order on these suit? OPP. (3) Whether the suits in the present form are not maintainable? OPD (4) Relief. The following are the issues framed in case of Manga Ram v/s. Gram Sabha and Ors.: (1) Whether the Plaintiff is the owner in possession of the suit land? OPP (2) Whether any partition was effected amongst the proprietors of Pana Ladhot as mentioned in para 3 of the plaint? OPP (3) Whether the suit is not maintainable in the present form? OPD (4) Whether the Plaintiff has no locus standi to file this suit? OPD (5) Whether the order of the Assistant Collector 1st Grade for the ejectment of the Plaintiff is without jurisdiction? OPD (6) Whether the Plaintiff is entitled to the relief claimed? OPP (7) Relief.;


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