M.M.S.BEDI, J. - (1.) Suit of the plaintiffs for declaration that he is owner in possession of ?th share of the land measuring 6 kanals 9 marlas in Khewat No. 472 Khatouni No. 779, situated within the review limits of Village Bhakatgarh and that defendant- respondent No.1 Gram Panchayat has got no concern with the said land with a consequential relief of permanent injunction that Gram Panchayat, Bhakatgarh should be restrained from taking forcibly possession of the property in dispute stands dismissed by the Courts below. The claim of the plaintiff for declaration that he is joint owner and in possession of 3 kanals 4 marlas of land bearing Khewat No. 472 Khatauni No. 779, Khasra No. 14//7/1(3-4) situated within the revenue limits of Village Bakhatgarh being owner of ?th share and for permanent injunction to restrain the Gram Panchayat defendant- respondent No.1 from taking forcible possession of the land or from interfering in the peaceful possession of the plaintiff over the said land except by due course of law, has also been rejected by both the Courts below.
(2.) Learned counsel for the plaintiff- appellant Mr.Ashok Singla, has vehemently urged that the Gram Panchayat of Village Bakhatgarh has got no concern with 6 kanals 9 marlas of land mentioned in heading of the plaint and 3 kanals 4 marlas of land mentioned in heading B of the plaint and that the finding of the Courts below is perverse having ignored the plaintiff's evidence especially Exs. P1 to P7. The main contention of learned counsel for the appellant is that vide order dated January 11, 1972 passed by the Additional Director, Consolidation, Punjab, a mutation No. 4208 dated February 10, 1995 was entered. The suit land measuring 6 kanals 9 marlas was mutated in favour of the plaintiff-appellant and land measuring 10 kanals 13 marlas of plaintiff- appellant comprised in Killa No. 72/2/2 (3-16) and 9 (6-17) was mutated in favour of the Nagar Panchayat defendant/ respondent. As the said 10 kanals 13 marlas area was withdrawn from the plaintiff and was ordered to be allotted in the Khewat of Gram Panchayat and the area measuring 6 kanals 9 marlas suit land which was earlier allotted in the Khewat of Jumla Mushtarka Malkan was mutated in favour of Panchayat and was withdrawn from the Gram Panchayat and given to the plaintiff- appellant. He argued that neither the said order dated January 11, 1972 nor the mutation had been challenged by the Gram Panchayat or by Jumla Mushtarka Malkan. He vehemently urged that the plaintiff- appellant is ready to return 6 kanals 9 marlas of land to the Gram Panchayat provided he is returned the ownership and possession of the land measuring 10 kanals 13 marlas which was withdrawn from him and that the Gram Panchayat cannot be allowed to sail in two boats at the same time. It was urged that the plaintiff- appellant is being shown, after the mutation of February 10, 1995 nor jamabandies and Khasra girdwaries, as owner of the suit land and presumption of truth is attached to the said revenue record.
(3.) I have heard counsel for the appellant as well as counsel for the respondent and carefully gone through the judgments and decrees of the Courts below, the order of the Additional Director, Consolidation and the mutation of exchange of land, Ex.R3. It is pertinent to observe here that the Courts below after fair appreciation of evidence have arrived at a conclusion that plaintiff is neither the owner nor in possession of the suit property on the basis of the order of the Additional Director, Consolidation of Holdings dated January 11, 1972 and that the claim of three real brothers of the plaintiffs seeking the same relief of permanent injunction on the basis of the order dated January 11, 1972 stands finally decided in Civil Suit No. 997 of 1993 decided on September 18, 1997 in case Harkaran Singh and others v. Gram Panchayat, Bakhatgarh, Ex.D4. In the said case , the three brothers of plaintiff- appellant, namely, Harkaran Singh, Nika Singh and Bir Singh sons of Aagam Singh had claimed that the land in dispute had been given to Angam Singh, their father as owner in possession and after his death, the brothers of plaintiff- appellant, namely, Harkaran Singh and others were owners in possession of the suit land. There was a specific issue framed regarding the ownership and possession of the plaintiff's brothers on the basis of the order of Additional Director, Consolidation of Holdings vide order dated January 11, 1972. Mr. Kuljitpal Singh, Civil Judge (Junior Division), Barnala, vide his judgment and decree dated September 18, 1997 had found that the suit filed by the brothers of the plaintiff- appellant deserve to be dismissed as Gram Panchayat, Bakhatgarh was neither made a party nor it was heard.;