SANGATHA S/O MURAHU; RAMSHISH; RAM AWADH; AVDHESH; RAMASHRYA; SANTRAJ; NAND LAL S/O RAMANAND; HERDEV S/O ALGOO; JAGANNATH S/O RAVAYA; RAMAINDRA S/O MITHUN; BALBHADRA S/O MUNNA LAL; RAMPRITI Vs. HERINDRAJEET SINGH S/O COL JAGWANT SINGH

JUDGEMENT

(1.) This second appeal has been preferred by the defendants/appellants assailing the judgment and order dated 01.02.2013 passed by the Second Additional District Judge, Rudrapur in Civil Appeal No.44 of 2008, titled as 'Sangatha & others v. Herindrajeet Singh', as well as the judgment and order dated 19.7.2008 rendered by the Civil Judge (Jr. Div.) Khatima, District Udham Singh Nagar, in Civil Suit No.83 of 1999.

(2.) Facts of the case are that the Original Suit No.83 of 1999 was preferred pertaining to Khasra No.7/1/1 area 5.312 hectare, whereof the plaintiff claimed himself to be the Bhumidhar with transferable rights, as the nature of land was of Class 1-Ka. In that suit, he sought the decree of injunction against all the defendants restraining them from interfering in the peaceful possession of the plaintiff.

(3.) Written statement in the suit was filed by the defendant nos.1 to 5 wherein it was averred that these defendants along with 40 others are continuing their possession over the property, as aforementioned, for last 14-15 years and this Khasra No.7/1/1 is the part of Khasra No.7/1 which is a government land of Class-IV category. It was pleaded that all the defendants have got residential lease on a part of such land whereas on the remaining share, they are doing the agricultural work. Besides, they also stated that earlier too, an original suit (Nand Lal v. Col. Jagwant Singh) had also been adjudicated in the Civil Court pertaining to the same land, therefore, the present suit is barred by the principle of res judicata, nonetheless, no such particulars of the original suit were disclosed in the averments of written statement.