Yashpal vs Gram Panchayat Of Village Alippur ...
2024 Latest Caselaw 5428 P&H

Punjab-Haryana High Court

Yashpal vs Gram Panchayat Of Village Alippur ... on 11 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                      Neutral Citation No:=2024:PHHC:034403



RSA No.623 of 2021 (O&M)              -1-                  2024:PHHC:034403

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                RSA No.623 of 2021 (O&M)
                                                Date of Order:11.03.2024

Yashpal
                                                                   .Appellant
                                   Versus

Gram Panchayat and others                                       ..Respondents

RSA NO.627 of 2021 (O&M)

Prem Raj .Appellant Versus

Gram Panchayat and others ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Jai Bhagwan Sharma, Advocate for the appellant.

ANIL KSHETARPAL, J

1. These two connected Regular Second Appeals have been filed

by the plaintiff(s). The plaintiff filed a suit for the grant of decree of

permanent injunction and mandatory injunction, restraining the Gram

Panchayat from leasing out the suit property. The property in dispute vests

in the Gram Panchayat. The plaintiff claims that the Gram Panchayat had

leased out the property in his favour for a period of 2 years vide agreement

dated 08.08.2013, however, he was unable to get possession as the property

was in possession of unauthorised occupants.

2. The Gram Panchayat contested the suit and claimed that the

possession was handed over to the plaintiff and he never cultivated the land.

3. The trial court directed the Gram Panchayat to refund

Rs.37,200/-, however, in first appeal filed by the Gram Panchayat, the

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Neutral Citation No:=2024:PHHC:034403

RSA No.623 of 2021 (O&M) -2- 2024:PHHC:034403

judgment and decree passed by the trial court was reversed. It was held that

the plaintiff filed the suit on 30.07.2015 i.e., when his term of two years'

lease was coming to an end and claimed that possession was not handed

over to him. The plaintiff never complained to the Gram Panchayat that he

had not been delivered possession of the same for nearly 2 years. Thus, the

First Appellate Court reversed the judgment and decree passed by the trial

court.

4. The learned counsel representing the appellant submits that the

First Appellate Court has erred in reversing the judgment and decree passed

by the trial court.

5. This court has considered the submission of the learned counsel

representing the appellant.

6. Admittedly, the land belongs to the Gram Panchayat. The

plaintiff was leased out the land only for a period of 2 years from 08.08.2013

to 08.08.2015. Thereafter, the plaintiff has no right, title or interest in the

suit land. Hence, he cannot restrain the Gram Panchayat from leasing out

the property.

7. Keeping in view the aforesaid facts and discussion, no ground

to interfere is made out.

8. Dismissed.

9. All the pending miscellaneous applications, if any, are also

disposed of.

March 11, 2024                                          (ANIL KSHETARPAL)
nt                                                           JUDGE


Whether speaking/reasoned                 :YES/NO
Whether reportable                        :YES/NO


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