HEERA LAL Vs. LAYAK SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal challenges the judgment and decree dated 8-8-2006 passed by the lower appellate Court whereby the defendants' first appeal has been dismissed by affirming the judgment and decree passed by the trial Court. The plaintiff-respondent filed the suit for permanent injunction to restrain the appellants-defendants from interfering into his possession over the disputed plot.

(3.) The suit is that out of the total are of plot No. 1132, an area of 0.161 hectare was allotted to the respondent-plaintiff by Gaon Sabha in the year 1992 over which he came in possession and had kept his Marha or Jhopari etc. and had constructed boundary wall. He is thus, continuing in possession thereon since its allotment, but since the defendants were also allotted a portion of the aforesaid plot No. 1132 by the Gaon Sabha, now they have started interference in the plaintiffs possession. They also tried to completely dispossess the plaintiff from the disputed property but on the intervention made by the villagers it could not be done. Later on again they have developed some ill design giving rise to the filing of the suit. The suit was contested by the defendants-appellants stating that the plaintiff had given incorrect boundaries of the plot and he had absolutely no possession over the same. He had no Marha or Jhopari over it. The land in dispute is the property over which the defendants have obtained allotment orders from the Gaon Sabha. The plaintiff had no concern over plot No. 1132 and the suit had absolutely no basis.