Bhag Chand vs Gram Panchayat And Ors on 6 July, 2015
In the third case cited, that is, in Gram Panchayat Bilaspur v.
Nafe Singh and others; RSA No.266 of 2014 decided on February 26,
PARITOSH KUMAR
2015.07.09 09:38
I attest to the accuracy and
authenticity of this document
RSA No.4880 of 2011 (O&M)
:3:
2015 and relied upon, is of the learned single judge of this Court which says
much the same thing in proliferation of the principle laid down in the other
two binding rulings. When plaintiff failed to establish possession over the
suit land, not to speak of settled possession, there was hardly any occasion
for the civil court to issue a permanent injunction in favour of the plaintiff
restraining defendant from dispossessing him except in accordance with
law. It may be mentioned that the suit was not based on title and only
asserted possession and, therefore, even the appellant does not claim
ownership of the disputed property. I do not find any error in the appellate
decree warranting interference in pure findings of fact with respect to lack
of possession over the property in dispute. No question of law arises in the
appeal, much less substantial.