R.S.A. No.2998 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** R.S.A. No.2998 of 2008 Date of Decision:29.09.2008 Gurmail Singh and others .....Appellants Vs. Gram Panchayat, Village Rajia, Tehsil Barnala and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. B.S. Kathuria, Advocate for the appellants. **** HARBANS LAL, J. The genesis of the case is that the plaintiffs had constructed their houses about 40 years back in which they are residing since then. The land which lay vacant in front of their houses is being used by them for storing manure, fire woods etc. This vacant land is situated on the southern side of their houses. The doors of their houses open in such vacant land. The foundation in the vacant land has been laid in front of the house of Nachattar Singh. Towards its southern side, there is a bricks paved street. The plaintiffs reach this street after passing the vacant land. The under- gound pipes have been laid. The defendant is bent upon to encroach upon this vacant land forcibly and illegally. On these allegations, the suit has been filed by Gurmail Singh and others against Gram Panchayat. The Gram Panchayat in its written statement has alleged that the disputed land belongs to it. The plaintiffs want to encroach upon the same. The Gram Panchayat for the benefit of the villagers want to construct pacca drains as well as passage by raising level of the street and has already put the earth for such purpose and under the garb of this suit, they are R.S.A. No.2998 of 2008 -2- creating hindrance in the work of the Gram Panchayat. The disputed vacant land is not in possession of the plaintiffs. The following issues are framed:- 1. Whether defendant is bent upon to encroach upon the suit property and to demolish the metalled road? OPP 2. Whether the plaintiffs have no locus standi and cause of action to file the present suit? OPD 3. Whether defendant is entitled to special costs? OPD 4. Whether the plaint is liable to be rejected as per objection No.1? OPD 5. Whether the plaintiffs are entitled to injunction as prayed for? OPP 6. Relief. After hearing the learned counsel for the parties and examining the evidence on record, the Court of learned Civil Judge (Junior Division), Barnala dismissed the suit vide his judgment and decree dated 6.10.2005. Feeling aggrieved therewith, the plaintiffs went in appeal which has also been dismissed by the Court of learned Additional District Judge, Barnala vide his judgment and decree dated 3.6.2008. Feeling aggrieved therewith, they have preferred this appeal. I have heard Mr. B.S. Kathuria, Advocate, learned counsel for the plaintiffs- appellants. Mr. Kathuria has urged with great force that it is an admitted case of the parties that the plaintiffs/ appellants have constructed their houses more than 40 years back and their doors open towards the site in question, which is being used by them for keeping their necessary articles, i.e., agriculture implements etc., and they are in possession of the same. He further puts that the respondent- Gram R.S.A. No.2998 of 2008 -3- Panchayat has no right to block their way. I am unable to agree with these submissions. A glance through the judgments of both the Courts would reveal that the plaintiffs- appellants have not produced and proved any document showing their ownership or possession over the disputed site. If a person start tying his cattle or storing his manure etc., on the land of other, as per law such person cannot be deemed to be in possession thereof. As is well settled, the possession of a vacant site vest in the owner unless proved to the contrary. Here in this case, the Gram Panchayat- respondent being owner of the site in dispute, the possession of such site vests in it. Consequently, no fault can be found with the concurrent findings returned by both the Courts below. More to the point, no substantial question of law arises herein for determination by this Court. Sequelly, this appeal is dismissed. September 29, 2008 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No