Ninder Singh vs The Gram Panchayat, Village Bhuller and Others

G.C. Mital, J.—The Appellant was given land for one year by the Gram Panchayat for cultivation. That period expired and thereafter the right to cultivate was auctioned in favour of another person. When Appellant''s possession was sought to be disturbed, he filed suit for permanent injunction to restrain Gram Panchayat and others from interfering in his possession by use of force.

Both the Courts below found that the Appellant was not entitled to retain possession as the period of his tenancy has come to an end and fresh tenancy was granted by the Panchayat in favour of another person and consequently dismissed the suit. This second appeal has been filed by the unsuccessful Plaintiff.

The only argument, which has prevailed on the basis of Sadhu Ram v. Gram Panchayat Pastana 1984 P. L. J. 217 D. B., is that the possession can be taken from the Appellant by the Gram Panchayat in accordance with law and not by use of force. Accordingly, the judgments and decrees of the Courts below are modified and it is ordered that the Appellant can be dispossessed only in due course of law and not by use of force.

Before parting, it may be noticed that none of the Respondents has put in appearance in spite of service. Accordingly, I decided to proceed with the appeal ex parte. Since none has appeared, there will be no order as to costs.