Kanwaljit Singh Ahluwalia, J. - (1.) BEING unsuccessful before the two courts below, Smt. Om Piari Plaintiff to the suit, has preferred the present regular second appeal. She had instituted a suit for permanent injunction praying that Gram Panchayat village Rupana Bishnoian ? Defendant No. 1 be restrained from interfering in the cultivating possession of the Plaintiff and proforma Defendants. It was pleaded in that suit that Arvinder Kumar son of the Plaintiff was in cultivating possession of the suit land, details and description of which was given in the head -note of the plaint as Gair Marusi. It was stated that in the revenue record, shamlat deh is recorded as owner of the land in dispute and therefore, Gram Panchayat has no concern with the suit property. In nutshell, claim made in the suit was that tenancy rights are inheritable, therefore, these rights have devolved upon the Plaintiff and proforma Defendants after the death of Arvinder Kumar who was cultivating the land as Gair Marusi.
(2.) ON notice of the suit, Defendant No. 1 ? Gram Panchayat appeared and filed a written statement. They raised a preliminary objection that under Section 8 of the Punjab Land Tenures Act, mother cannot be termed as heir. Furthermore, there is no provision under the Haryana Gram Panchayat Act to induct tenants. On facts, it was pleaded that the suit land, along with other land of Gram Panchayat in an open auction for one year, i.e., 1998 -99, was leased out to Faqir Chand, Sham Lal and Ram Kumar. Since after the lapse of one year, the above said persons who were inducted as tenants failed to hand over the possession of the land, Gram Panchayat ? Defendant No. 1 had filed eviction applications against all the above three persons and one Dasrath. Under the orders of the Collector, Sirsa, these persons were evicted. They had not preferred any appeal. Thus, it was pleaded that neither Arvinder Kumar remained in possession of the suit land nor cultivated the same. It was asserted that Gram Panchayat is the owner of the land in dispute being Shamilat Deh. After completion of the pleadings, the trial court had drawn the following issues: 1. Whether the Plaintiff is entitled to seek injunction against the Defendants, as prayed for? OPP 2. Whether suit of the Plaintiff is not maintainable in its present form? OPD 3. Whether there is no provision in the Gram Panchayat Act according to which there can be any tenancy on the Gram Panchayat land? OPD
(3.) WHETHER the land is used to be given by the Gram Panchayat on lease on year to year basis?;