JAI BHAGWAN Vs. SUMAN DEVI

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 is to the impugned judgment of the Trial Court dated 15.1.2002. By the impugned judgment, the Trial court has decreed the suit for recovery, which was filed by the respondents/plaintiffs for pecuniary damages for Rs.1,00,000/- and for trespass and battery for Rs.4,00,000/-, i.e. a total of Rs.5,00,000/- only for a sum of Rs.23,000/-.

(2.) The facts which were alleged by the respondents/plaintiffs in the plaint are that the appellants, who are police officials, while endeavouring to evict the respondents/plaintiffs on the land belonging to one Ramjas Foundation used excessive force and thereby, caused them injuries. The respondents/plaintiffs claimed that the appellants/police officials trespassed into the house, dragged the plaintiff no.1/respondent no.1 outside and threw her on a stone whereby she started bleeding. It was also alleged that the defendant no.3/appellant no.2 gave a blow with an iron rod on the left leg. When the respondent no.2/plaintiff no.2 tried to save the plaintiff no.1/respondent no.1, the appellants threw her and thereby the plaintiff no.2 also received injuries on the head and started bleeding. There are further allegations of the plaintiffs/respondents being beaten and the police officials running away when the crowd gathered.

(3.) The appellants contested the suit and stated that they had proceeded to the spot on account of a DD entry No.9-B on 14.9.97 that the respondents were encroachers on the land of Ramjas Foundation and when they tried to ask the respondents/plaintiffs to stop construction they did not stop and started pelting stones as a result of which appellants/defendants suffered injuries. It was alleged that the suit was a counter blast to the case registered against the respondents/plaintiffs in the Police Station-Anand Parbat.