- (1.) This is the second appeal of the plaintiff, who filed a suit seeking permanent injunction against the respondents, the first respondent being the Gram Panchayat of the plaintiffs' village, where the suit land is also situate. By his suit, the plaintiff had sought that the respondents be restrained from interfering in his peaceful possession of a plot, marked out in the site plan stated to have been annexed with the plaint. He also sought a decree of declaration to the effect that the order passed by the Assistant Collector 1st Grade, Narnaul, dated 23.05.2003 and the order passed in appeal, by the Collector, dated 20.01.2004, be declared to be null and void and set aside.
(2.) The facts, taken from the judgment of the learned first appellate Court, are that the plaintiff had claimed that he was owner in possession of the suit plot and had therefore, sought an injunction against the defendants, who, by the orders of the revenue authorities aforesaid, had been ordered to be ejected therefrom, as it was held that the plot fell in land that vested in the Gram Panchayat and was Shamlat land. Upon notice issued to them, the defendants appeared and filed their written statements, stating therein as above, i.e. that since the land was Shamlat land, the plaintiff could have no right or interest in it.
(3.) Upon the pleadings of the parties, the following issues were framed by the learned Civil Judge:- "1. Whether the defendants be restrained not to interfere in the peaceful possession and use of the suit property and also restrained not to oust him from the plot as alleged in the plaint OPP 2. Whether the defendant is entitled to decree for declaration to the effect that the order dated 23.05.2003 and 20.01.2004 passed by the Collector and Assistant Collector are wrong, illegal, null and void and liable to be set aside OPP 3. Whether the present suit is not maintainable in the present form OPD. 4. Whether the civil Court has got no jurisdiction to try the suit OPD 5. Whether the plaintiff has no cause of action and locus standi to file the present suit OPD 6. Whether the present suit is time barred/OPD 7. Whether defendants are entitled to special costs from the plaintiff under Section 35A of CPC. 8. Relief.";