- (1.) Plaintiffs no. 3 and 4, having been non-suited by both the courts below, have filed this second appeal. Suit was filed by appellants and proforma respondents no. 4 and 5 against respondents no. 1 to 3 as defendants. Defendants no. 1 and 2 are Haryana Government and Education Department, whereas defendant no. 3 is Gram Panchayat.
(2.) Plaintiffs' case is that suit land measuring 02 kanals 13 marlas comprising of killa no. 30 has been used as Shamshan Bhumi (cremation ground/graveyard) and there are several Mandhis in the suit Sand, but defendant no. 3 demolished the same with intent to raise school building there. Defendant no. 3 has no right to do so. Accordingly, plaintiffs have sought declaration that the suit land is under the ownership of Proprietors for the purpose of graveyard and cannot be used for any other purpose. Permanent injunction restraining the defendants from using the suit land for construction of primary school building and from using it for any other purpose has also been claimed.
(3.) Defendant no. 3 contested the suit by filing written statement, which has; also been adopted by defendants no. 1 and 2. It was pleaded that suit land, which was used as Gadha Khad (manure pit) and was reserved for the said purpose during consolidation of holdings, is owned by defendant no. 3 Gram Panchayat. Defendant no. 3 has given the same to defendants no. 1 and 2 for construction of school building. In the said land, five rooms, verandah, water tank and boundary wall exist for more than 15 years. Two new rooms and a verandah are under construction. On the other hand, other land measuring 11 kanals 09 marlas has been reserved as Shamshan Bhumi. Existence of any Mandhis in the suit land was denied. Plaint averments were broadly controverted.;