Regular Second Appeal No.4369of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh Regular Second Appeal No.4369of 2009 (O&M) Date of Decision: December 07, 2010 Mohinder Singh son of Ishar Singh ---Appellant versus Joginder Singh and others ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.J.S.Virk, Advocate, for the appellant Mr.Pritam Saini, Advocate, for respondents No. 1 to 4 *** GURDEV SINGH, J. The appellant-plaintiff, Ishar Singh, filed suit against Bihari Lal and others, respondents-defendants for declaration to the effect that revenue entries in the revenue record, in the name of Chiman Lal, after 1973 are, illegal, wrong and null and void and are liable to be rectified on the basis of the sale deed 29.1.1973, executed in his favour by said Chiman Lal and also for permanent injunction restraining the defendants from interfering in his possessory and proprietary rights over the land in dispute and also for mandatory injunction directing the revenue authorities to get the mutation entered in his name on the basis of the said sale deed as owner in possession and also for restraining the defendants from alienating this land. The suit of the plaintiff was decreed by Civil Judge(Senior Division), Kurukshetra, vide Regular Second Appeal No.4369of 2009 -2- judgment and decree dated 24.4.2007. The defendants preferred first appeal against that judgment and decree, which was accepted by Additional District Judge, Kurukshetra, vide judgment dated 31.8.2009. Now, the plaintiff has preferred the present second appeal against that judgment. The First Appellate Court came to the conclusion that suit was bad for non-joinder of the Gram Panchayat and that the jurisdiction of the Civil Court is barred under Section 13-A of the Punjab Village and Common Lands(Regulation)Act, 1961. The findings were not recorded on merits. It has been submitted by counsel for respondents-defendants that he has no objection if judgment passed by Additional District Judge be set aside and it be directed to record its findings on all the issues by keeping in view the fact that the suit of the plaintiff was also filed for permanent injunction on the basis of his possessory title. Accordingly, this appeal is accepted. The Judgment dated 31.8.2009 is set aside. The appeal is remanded back to the Additional District Judge, Gurgaon, for deciding the same afresh after recording fresh findings on the issues, already decided, as well as on the other issues by keeping in view the fact that the suit of the plaintiff was for permanent injunction also on the basis of the possessory right. The parties are directed to appear before that Court on 17.2.2011`. Lower Court's records be returned forthwith. (GURDEV SINGH) JUDGE December 07, 2010 PARAMJIT