MOHAMMAD RAFIQ
Mukesh Kumar Mishra – Appellant
Versus
Sarpanch, Gram Panchayat, Bansoor – Respondent
Mohammad Rafiq, J.
1. This is plaintiff's second appeal assailing the judgments dated 17.01.2006 and 3.7.2015 whereby the suit filed by the plaintiff-appellant was concurrently dismissed.
2. Plaintiff filed suit for declaration and perpetual injunction asserting that he was in possession of a property measuring 19 x 9 sq. ft. situated in the boundaries mentioned in para 1 of the plaint for long. He got a commercial premises constructed over the said property. He deposited sale consideration of Rs. 181/- with the Gram Panchayat, who issued patta dated 19.11.2001 in his favour. The Gram Panchayat without notice cancelled the patta by order dated 26.6.2004 and the defendants especially Ashok Kumar, defendant No. 3 was adamant to evict the plaintiff-appellant from the said property. Defendant No. 1 - Sarpanch of the Gram Panchayat in the written statement pleaded that patta was lawfully issued to the plaintiff, but it had to be cancelled pursuant to the order of the Development Officer. Defendant No. 3 - Ashok Kumar, the main contesting respondent alleged certain irregularities in the process of issue of patta. He admitted possession of the plaintiff over the disputed land, but co
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