R.S.A. No. 1823 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 1823 of 2011 (O&M) Date of Decision: May 27, 2011 Satpal Singh …..Petitioner Vs. Tarsem Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Harsh Bunger, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) Suit of the plaintiff- respondent for permanent injunction restraining the defendant- appellant from forcibly dispossessing the plaintiff- respondent from 6 K 15M of land described in heading of the plaint, has been decreed by the Courts below. Counsel for the defendant- appellant has vehemently contended that the plaintiff- respondent is not in actual physical possession of the property as is apparent from the sufficient revenue record in the shape of jamabandi of the year 2003-04 which falsifies the claim of the plaintiff- R.S.A. No. 1823 of 2011 (O&M) [2] respondent that he has been in possession of the property w.e.f. 1990. It has been argued that the property is shamlat land vesting in Gram Panchayat, the land being given on lease by the Gram Panchayat. It was leased out by the Gram Panchayat to the defendant in the year 2005-06 and at present the defendant is prospective lessee. After hearing counsel for the defendant-appellant, I am of the considered opinion that the order passed by the Courts below directing that the plaintiff- respondent cannot be forcibly dispossessed from the property in dispute except by due process of law, does not warrant any interference but at the same time, the defendant-appellant has not been able to establish better possessory title than the plaintiff-respondent as such the suit of the plaintiff- respondent has been rightly decreed by the Courts below. This appeal is dismissed. However, it is observed that the decrees passed by the Courts below will not, in any manner, prejudice the rights of the original owner i.e. the Gram Panchayat to manage the property in accordance with law. The right of defendant-appellant to seek the possession of the land by adopting due process of law will not be hampered by the judgments and decrees passed by the Courts below. May 27, 2011 (M.M.S.BEDI) sanjay JUDGE