High Court of Punjab and Haryana, Chandigarh
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Karan v. Gram Panchayat - RSA-3248-2000  RD-P&H 814 (16 February 2006)
REGULAR SECOND APPEAL NO. 3248 of 2000 (O&M) DATE OF DECISION: February 17, 2006.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Lokesh Sinhal,
Advocate, for the appellant.
Appellant filed a suit for permanent injunction with a prayer that injunction be issued against the respondent Gram Panchayat, not to interfere in his possession of land measuring 40 Kanals (5 Acres). It was his case that he was sitting over the land as a 'Gair Morusi' tenant. His suit was decreed. In appeal, filed by the respondent Gram Panchayat, judgment and decree, passed by the trial Court, were modified to the extent that the appellant, being in unauthorised occupation, be ejected from the land in dispute under due process of law. Aggrieved by the said part of the order, of the appellate Court below, this appeal has been filed.
Counsel for the appellant has failed to show that at any time, he has paid even a single penny to the Gram Panchayat towards rent of the land in dispute. Property involved is about 5 Acres of land and even Barani land can fetch more than Rs. 4,000/- per annum towards the lease amount.
The appellant is trying to stick to the public property without payment of any rent. Status of a tenant, who is mentioned as Gair Morusi tenant over the land in dispute, without payment of rent, would virtually amount to unauthorised possession. This Court feels that the appellate Court below is right to that extent. No case is made out for interference. Dismissed.
February 17, 2006. ( Jasbir Singh )
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