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2001 Supreme(P&H) 640

K.C.GUPTA
Bhagat Ram – Appellant
Versus
Gram Panchayat (Sabha), Tibba Nangal – Respondent


Advocates Appeared:
For the Appellant :Mr. J.S. Chahal, Advocate.
For the Respondents:Mr. Gur Rattan Pal Singh, Advocate.

JUDGMENT

K.C. Gupta, J. - This Regular Second Appeal is directed by Bhagat Ram, plaintiff, against the judgment and decree dated 8.5.1980 passed by Additional District Judge, Rupnagar, whereby his appeal was dismissed and the judgment and decree of the trial Court dated 25.10.1979, whereby suit for permanent injunction was dismissed, was up-held.

2. Briefly stated, the facts are that Gram Panchayat (Sabha), Tibba Nangal, respondent No. 1, is the owner of common land situated in Village Tibba Nangal. The Bagar grass, which had grown on some portion of the common land was sold to the appellant in an open auction for the years 1969-70, 1970-71 and 1971-72.

3. The grievance of the appellant is that although he had paid Rs. 1,500/-, the auction money, to Ram Ditta, Sarpanch, in the presence of Paras Ram, Misha Ram and Santu, which amount the Sarpanch had utilised for the purchase of utensils but the same was not accounted for and the Panchayat had taken steps to recover that amount by means of coercive method i.e. as arrears of land revenue, to which the respondents were not entitled. With these allegations, suit for permanent injunction for restraining the respondents from recovering th



















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