DHAN SINGH KANWAL Vs. MAHENDRA SINGH KANWAL

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 4.8.2009 passed by the Revisional Court/District Judge, Almora.

(2.) BRIEF facts of the present case, inter alia, are that the plaintiff/petitioner, herein, had filed civil suit being OS No. 74 of 1990, Dhan Singh v. Kalawati Devi and others, in the Court of Civil Judge (Jr. Div.), Almora seeking permanent prohibitory injunction restraining the defendants/respondents, herein, in making any interference in the possession of the plaintiff/petitioner, herein, over the land Plot No. 4664, village Khatyari Patti Khasparja, Almora. It was stated in Paragraph No. 2 of the plaint that total area of Plot No. 4664 was 1 nali 8 mutthi, however, 1 nali area was acquired from Plot No. 4664 by the State Government for the purpose of constructing lower road, while rest 8 mutthi area of Plot No. 4664 was purchased by the plaintiff from the defendants vide sale deed dated 8.7.1986. It was further stated in the plaint that the plaintiff has constructed house over the suit property and is also having kitchen garden on the part of it, wherefrom the defendants want to dispossess the plaintiff and to take forceful possession thereon.

(3.) INITIALLY , written statement was preferred by the defendants admitting that out of 1 nali 8 mutthi land, 1 nali land was acquired by the State Government and rest 8 mutthi land was sold by the defendants in favour of the plaintiff. Thereafter, the defendants failed to appear before the Trial Court and, consequently, the suit was decreed ex parte, vide ex parte judgment and decree dated 5.3.2003 restraining the defendants/respondents, herein, in making any sort of interference in the possession of the plaintiff over the land of Plot No. 4664 of Village Khatyari, Patti Khasparja, District Almora.