- (1.) For reasons mentioned in the application, which is accompanied by affidavit, delay of 16 days in filing the appeal is condoned. RSA No. 1565 of 2012 This is second appeal by legal representatives of Baljeet Singh original plaintiff since deceased, having been non-suited by both the courts below.
(2.) Baljeet Singh-plaintiff filed suit against defendant-respondent-Gram Panchayat alleging that suit land measuring 17 Kanals 16 Marias and some other land was given to plaintiffs father out of Bachat land i.e. surplus land left out after utilization for common purposes during consolidation of holdings. Since then plaintiffs father was in possession of the suit land and after his death, plaintiff is owner in possession thereof. Plaintiff has been cultivating the same. Plaintiffs father was proprietor in the village. Land was taken for common purposes pro-rata from the land of proprietors of the village during consolidation of holdings. The land left out after utilizing for common purposes was re-distributed among proprietors and in this manner, plaintiffs father got the suit and other land. However, defendant threatened to take forcible possession of the suit land from the plaintiff. Accordingly, plaintiff sought permanent injunction restraining the defendant from interfering in plaintiffs possession over the suit land in any manner.
(3.) Defendant-Gram Panchayat controverted the averments of the plaintiff and raised certain objections. However, subsequently none appeared for the defendant. Accordingly the defendant were proceeded ex parte.;