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1983 Supreme(P&H) 191

S.S.SANDHAWALIA, PREM CHAND JAIN
Bhim Singh – Appellant
Versus
Gram Panchayat Of Village Kharkheri – Respondent


Judgment

PREM CHAND JAIN, J.

1. Bhim Singh and others, plaintiffs, filed a suit for injunction restraining the defendant from interfering in their possession over the plot comprised in Killa No. 25 min of Rectangle No. 11 situate in village Kharkheri, Tehsil and District Gurgaon. The suit was contested by the Gram Panchayat on the allegation that the property in dispute vested in the Gram Panchayat and the Civil Court had no jurisdiction to try the suit. The trial Court, on consideration of the entire matter, held that the suit land did vest in the Gram Panchayat. However, on the question of jurisdiction, the trial Court recorded a finding that as the plaintiffs did not admit that the suit land was shamlat deh, therefore, the question being of title, the Civil Court had jurisdiction to try the suit. As the plaintiffs were not found to be the owner of the property in dispute, the suit was dismissed by the trial Court on 17th April, 1973.

2. Feeling aggrieved from the judgment and decree of the trial Court, the plaintiffs preferred an appeal which was dismissed by the learned Additional District Judge, Gurgaon, on 26th September, 1973. Still dissatisfied the present regular second app














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