GRAM PANCHAYAT Vs. KABAL SINGH
LAWS(P&H)-2011-7-172
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 07,2011

GRAM PANCHAYAT Appellant
VERSUS
KABAL SINGH Respondents

JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.) THIS is Defendant's regular second appeal against the concurrent findings of fact given by both the courts below in favour of the Plaintiff -Respondent. Respondent -Plaintiff filed a suit for permanent injunction restraining the Defendant -Appellant from interfering into his peaceful possession over the land in dispute. He pleaded that he is in possession of land measuring 8 kanals 1 marla, description of which was given in para 1 of the plaint. It was further pleaded that this land had been allotted to him as a tenant by Punjab Wakf Board. In para 2 of the plaint it has been specifically stated that the Plaintiff has been paying rent to the Board regularly and he is in peaceful possession. It is further stated that since the Sarpanch of the Gram Panchayat is inimical to him, he is taking active steps to dispossess the Plaintiff.
(2.) IN the written statement filed by Appellant, Gram Panchayat stated that it had already filed a suit and the same is fixed in the court of Sub Judge, Kurukshetra for 14.3.1996. The possession of the Plaintiff was also denied and controverted by the Appellant -Defendant Gram Panchayat. On completion of the pleadings of the parties, following issues were framed: 1. Whether the Plaintiff is in possession of the land in dispute on the grounds mentioned in the plaint, if so to what effect? OPP 2. Whether suit is not maintainable in the present form? OPD 3. Whether the Plaintiff has no locus standi to file and maintain the present suit? OPD
(3.) WHETHER the Plaintiff has no cause of action? OPD;


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