VINOD K. SHARMA, J (ORAL) - This order shall dispose of Civil Revision No. 5940 of 2007 titled Amarjeet Singh Vs. Gram Panchayat Kambheri and Civil Revision No. 5941 of 2007 titled Karnail Singh Vs. Gram Panchayat Kambheri, as common questions of law and fact are involved.

For brevity sake, facts are being taken from Civil Revision No. 5940 of 2007.

2. This revision petition under Article 227 of the Constitution of India is directed against the orders dated 6.8.2007 and 23.10.2007 passed by the learned Courts below dismissing an application moved by the petitioner under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

3. The petitioner-appellant filed a suit for declaration and permanent injunction on the plea that there is a land/bara/gitwar within the phirni and outside abadi deh or gorah deh situated at village Kambheri as shown in red colour in the site plan.

4. The plaintiff further claimed that there had been a johar within the phirni prior to consolidation as well as after the consolidation of holdings in khewat No. 186 khatauni No. 372 khasra No. 76 and land measuring 9 kanals 9 marlas was wrongly and illegally shown as johar in the revenue record.

5. It wa