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1996 Supreme(P&H) 1154

R.L.ANAND
Kartar Singh (Dead) Through Lrs. – Appellant
Versus
Gram Panchayat – Respondent


Judgment

R.L.Anand, J.

1. This is defendants appeal and has been directed against the judgment and decree dated 23.3.1979 passed by the Court of Additional District Judge, Jalandhar who affirmed the judgment and decree dated 15.10.1975 passed by the Court of Sub-Judge, II Class, Jalandhar in favour of the plaintiff-respondents.

2. The brief facts of the case are that Gram Panchayat Laraoi, through its Sarpanch Darshan Singh, and Darshan Singh, son of Kartar Singh, in his individual capacity filed a suit for permanent injunction against the defendants restraining them from using the land in dispute described in the heading of the plaint for any purpose other than the purpose for which it was given. In the alternative, the plaintiffs prayed for a decree of possession of the land in dispute. According to the plaintiffs, plamtiff No. 1, Gram Panchayat is the owner of the land in dispute which was given to Charan Dass Chela Saran Dass to enjoy its usufruct. Charan Dass mortgaged this land with defendant No. 1 and defendants No. 2 and 3. Charan Dass who was the malguzar in respect of the land in dispute died intestate without leaving any heir and thereby the land in dispute remained in th














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