- (1.) The plaintiff-appellant is in second appeal before this Court having been unsuccessful in both the Courts below.
(2.) Plaintiff filed a suit for declaration to the effect that he was the owner in possession of land measuring 8 acres situated within the revenue estate of village Panniwala Ruldu, Tehsil Dabwali, District Sirsa. It was pleaded that at the time of consolidation, some land was deducted out of the share of proprietors, for carving out path and khal for the welfare of the village community and some portion of land remained unused under the ownership and possession of the shareholders of the village. It was pleaded that the plaintiff was also one of the shareholders of the suit land and had been in possession of the same for the last many years. The Gram Panchayat of village Panniwala Ruldu had instituted eviction proceedings against the plaintiff and the Assistant Collector Ist Grade, Dabwali, vide order dated 9.10.1997, had passed an eviction order. The appeal filed by the plaintiff before the Collector, Sirsa was dismissed on 26.5.1998. Thereafter, the orders of eviction were confirmed upto the level of Commissioner, Hisar Division, Hisar whereby the appeal filed by the plaintiff had been dismissed vide order dated 26.7.1999. The plaintiff challenged the orders dated 9.10.1997, 26.5.1998, as also the order dated 26.7.1999 by pleading that the same were against law, null and void and without jurisdiction.
(3.) Upon notice, defendants No.1 to 4 filed a joint written statement wherein the factum of ownership of the plaintiff over 8 acres of land situated within the revenue estate of village Panniwala Ruldu was denied. It was, in fact, contended that it is the defendant-Gram Panchayat of the village which was the owner in possession and, in fact, the plaintiff had occupied the said land unauthorizedly. It was also stated that the plaintiff had no concern or connection with the suit land and as such, the orders of his eviction confirmed upto the level of Commissioner were legally valid and the same had already been executed.;