AMRIK SINGH Vs. NAGAR PALIKA PARISHAD, RUDRAPUR

JUDGEMENT

(1.) Heard Shri S. Aggarwal, counsel for the Appellant, Standing counsel for the State and Shri T. Phartiyal, counsel for the Respondent Nos. 3 to 6.

(2.) By the present first appeal filed under Sec. 96 of Code of Civil Procedure, the Appellant has prayed for setting aside the judgment and decree dated 31.03.2004 passed by the Additional District Judge/1st Fast Track Court, Nainital.

(3.) Briefly stated a suit was filed by the Plaintiff Amrik Singh praying for the permanent injunction restraining the Defendant from interfering with the possession of the Plaintiff in respect of plot Nos. 379 area 0.608 Hect., 135 area 0.405 Hect., 154 area 0.202 Hect. According to the Plaintiff, crops have been sown by him and the Defendants are interfering with his possession. It has also been stated that on 22.6.1998, the subordinate employees of Defendant Nos. 1 and 2 entered into the plots of the Plaintiff and damaging the crops. The employees of the Defendant Nos. 1 and 2 have threatened the Plaintiff to dispossess him from the land in dispute. The land in dispute is nazul land. The Plaintiff has stated that he is in possession of the land in dispute for the last 50 years. Prayer has been made that the Defendants or their employees or agents be restrained from interfering with the possession of the Plaintiff.