IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RSA No.4090 of 2006(O&M) Date of decision : December 11, 2008 Ishwar ... Appellant Versus Gram Panchayat, village Raja Kheri & another ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Saurabh Bajaj, Advocate for the appellant. Mr. R.S. Tacoria, Advocate for the respondents. *** AJAY TEWARI, J.(Oral) This appeal has been filed against the judgments and decrees of the Courts below dismissing the suit of the appellant for permanent injunction restraining the respondents from interfering in his possession over the disputed property. It is not disputed that the Gram Panchayat has since filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for ejectment of the appellant. In these circumstances, the apprehension of the appellant is clearly misconceived. Had it been otherwise the Gram Panchayat would not have filed any application under Section 7 of the Act ibid. Learned counsel for the appellant has further urged that the findings regarding the ownership of the Gram Panchayat could not have been given by the Civil Court and the Panchayat would have to establish the same under the Punjab Village Common Lands (Regulation) RSA No.4090 of 2006 -2- Act, 1961. There can be no dispute with this proposition. It would be open to the appellant to take all pleas available to him for resisting application under Section 7 of the above said Act and the competent authority while taking into consideration the pleadings of the parties in the present suit would not be entitled to take into consideration the findings of the Courts below. Consequently, this appeal is dismissed with the above mentioned modification. No costs. December 11, 2008 (AJAY TEWARI) sonia JUDGE