VINOD K.SHARMA,J - (1.) THIS regular second appeal has been filed against the judgment and decree passed by the learned lower appellate court vide which suit filed by the plaintiff-appellant for permanent injunction has been ordered to be dismissed.
(2.) THE plaintiff filed the present suit on the plea that in the year 1985 Nagar Panchayat, Sarwarpur, Tehsil Malerkotla had allotted plots to certain persons measuring 0.2 Biswas each and a resolution for completing the demarcation was also passed by Nagar Panchayat unanimously and the scheme was for landless persons. It was claimed that the plaintiff was allotted plot No. 7 and after the allotment he constructed his house over it after spending huge amount. It was claimed that the defendant had no concern with the disputed house but he was threatening to take forcible possession of the same for which he has no right. The suit was contested and in defence it was pleaded that under the policy of the Government of Punjab plots measuring 0.2 biswas each were allotted to landless persons of village Sarwarpur, Tehsil Malerkotla in the year 1985 and disputed plot was allotted to the defendant. After the said allotment Government of Punjab had constructed houses upon the same and the plot in the shape of court yard is in the ownership and possession of the defendant. It was claimed that the suit was not maintainable. It was also pleaded that the plaintiff has suppressed material facts.
(3.) LEARNED trial Court decreed the suit in view of the resolution passed by the Gram Panchayat showing allotment of plot No. 7 to the plaintiff-appellant. However, the said resolution was not proved and was marked. Learned trial Court took into consideration the oral evidence by way of statement of Sarpanch showing that the plot was allotted to the plaintiff-appellant and consequently decreed the suit.;