(1.) The present lis, having attained the age of 15 years by this time, is one harrowing tale of laws' delays causing frustration in the mind of a suitor who deprived of his property rushed promptly to the Court for vindicating his rights and seeking protection under the arm of law. He faced adjournments and adjournments without any substantial progress at the trial in an overburdened Trial Court, at the lowest rung of the judicial hierarchy, unable to spare such time as the individual cases demand so as to have a firm grip over the progress of each case. Several revisions taken to the High Court at interlocutory stages of the trial, too contributed to the delay, adding fuel to the fire of the plaintiff's agony. The record of tardy proceedings in the Trial Court, at least at the initial stage, reflects the defendant's impunity; he felt that he was beyond the reach of the law, though fortunately such hope of the defendant proved to be only a nightmare. The case has witnessed even contempt proceedings being initiated. Criminal cases too have germinated as off-shoot branches. We have heard the learned senior counsel for the appellant and the respondent appearing in person, controlling the proceedings firmly and with patience, so as to save them from drifting away towards initiation of yet other contempt proceeding. We told the respondent and the learned counsel for the appellant that we shall do justice, as duty bound we are, notwithstanding the fact that we feel hurt by the conduct of the plaintiff respondent, appearing in-person, and in our desire to do so we have not acceded to the prayer of the learned senior counsel for the appellant for withholding the hearing in the appeal until the contempt has been purged by the respondent as we felt that withholding the hearing in this appeal would only contribute to further frustration in the parties, add an undeserved length of life to an already old litigation, and may probably give rise to other off-shoot proceedings adding to the bulk of ever-mounting arrears of cases. The root cause of the dispute should first be resolved - we told the two, and that may probably, we hope, terminate the side issues as well. Happily we note, at the end of the hearing in appeal and the proceedings in contempt case that the respondent has felt genuinely repentant, withdrawn all his allegations constituting insinuation on which the contempt notice is founded and tendered an unconditional apology with folded hands craving for justice to be done in the main cause. The contempt proceedings we will deal with separately. This judgment determines the dispute as to civil rights between the parties fully and finally to the extent to which it can.
(2.) Anil Panjwani, the plaintiff-respondent, (hereinafter Panjwani - for short) filed a suit styled as a suit for 'declaration, possession and permanent injunction' against Ramesh Chand Ardawatiya (defendant-appellant, Ardawatiya - for short). The plaint was presented on 9-2-1987 in the Court of Additional Munsif, Class I, Jaipur City, West Jaipur. The suit property is plot No. 2, area 273.03 square yards (61'6" x 40') described by boundaries in para 3 of the plaint. Briefly stated, the gist of the plaint averments is that on 1-12-1985 Panjwani entered into an agreement for purchase of the suit property for a consideration of Rs. 4500/- from one Shri Niwas Vaidhya, the then owner of the suit property. A document in writing was executed. Rs. 4000/- were paid by way of earnest. Rs. 500/- were to be paid at the time of registration. Original documents relating to the title of the vendor were passed on to Panjwani. On the date of agreement the plot was lying vacant. In December 1985 Panjwani constructed a boundary wall, desirous of raising construction on the plot in near future. On 8-2-1987, at about 4 p.m., when Panjwani had gone to inspect the plot, he found a mason raising a hutment and two women sitting there. On making enquiries, Panjwani learnt that some construction was proposed to be raised at the behest of Ardawatiya. Neither on that day nor on the following day Ardawatiya could be found out by Panjwani. The suit was filed post-haste on 9-2-1987 for the following reliefs : (i) declaration of plaintiff's title as owner of the suit plot; (ii) restoration of possession from the trespasser-defendant to the plaintiff; (iii) mandatory injunction for removal of the construction raised by the trespasser; (iv) permanent prohibitory injunction from raising any further construction; (v) costs, and (vi) such other relief as the Court may deem fit and proper in the facts and circumstances of the case and to which the plaintiff may be found entitled.
(3.) The plaint was accompanied by a prayer for issuance of ad-interim injunction under Order 39 Rules 1 and 2 of the CPC preventing the defendant from raising any construction over the suit property.