R.L.ANAND, J. - (1.) THIS is a Civil Revision and has been directed against the order dated 7.3.2001 passed by the Court of learned Civil Judge (Jr. Division), Kurukshetra, who, dismissed the application of the present petitioners under Order 1 Rule 10 C.P.C.
(2.) SOME facts can be noticed in the following manner. S/Shri Pritam Singh, Lachhman Singh and Mohan Singh filed a suit for permanent injunction against the Gram Panchayat Kaulapur, Tehsil and District Kurukshetra and they prayed that a decree for permanent injunction be passed in their favour and the Gram Panchayat may be restrained from dispossessing them from the land detailed in para No. 1 of the plaint, forcibly and illegally. The suit has been contested by the Gram Panchayat. In the written statement dated 11.9.2000, in para No. 6 of the preliminary objection, the Gram Panchayat has taken the plea as follows :- That the plaintiff has concealed the true and material facts from this Hon'ble Court and hence the suit of the plaintiff is liable to be dismissed. It is further submitted that the true facts are that Gram Panchayat Kaulapur allotted the land pertaining to Khasra No. 10/2/21 vide resolution dated 11.8.1975 to the landless persons who are inhabitants of the village and the said allottees have constructed their houses on the land so allotted to them. This land of Gram Panchayat is situated on the Eastern side of Barara- Kurukshetra road and towards the Western side of this road, there is no land of the Gram Panchayat and Gram Panchayat has never leased out any land towards Western side of the said road as per record of Gram Panchayat."
(3.) IN Para No. 1 of the written statement, on merits, the stand of the Gram Panchayat is as follows :- "That para No. 1 of the plaint is not disputed to the extent of that the plaintiffs are in possession of the land in suit since the time of consolidation and they are cultivating the land since their forefathers, but rest of the para is wrong and hence denied. Actually the land of the Gram Panchayat is towards Eastern side of the Barara-Kurukshetra road and on this khasra number residential plots been allotted by the panchayat and the panchayat never leased out this khasra No. 10/2/2 of khasra No. 10/1/2. Finally, the Gram Panchayat made a prayer before the Court that the suit of plaintiffs aforesaid be dismissed.;