VISHAMBHARDAYAL Vs. NAGAR PALIKA PARISHAD KAILARAS

JUDGEMENT

(1.) The judgment and decree passed by the learned First Appellate Court has been made pivot by the plaintiffs in this second appeal.

(2.) Originally, the plaintiffs filed the present suit against the defendant/Municipality, Kailaras for declaration of title and injunction in respect of a Well situated at Survey No. 82 of Village Kailaras, Tehsil Sabalgarh, District Morena. According to the plaintiffs, they are the Bhumiswami of the Well, as well as the land bearing Survey No. 82 on which this Well exists, and for injunction that the defendant be directed to remove the water pump etc. installed in the said Well, with a further relief to pay compensation of Rs. 1200/-, as well as mesne profit at the rate of Rs. 400/- per month till the water pump and its accessories are removed from the disputed Well. Later on, the suit has been amended and relief of declaration has been deleted. Thus, the present suit out of which this second appeal has arisen is in respect of relief of injunction only. In Para 1 of the plaint, the plaintiffs have specifically pleaded that they are the owners having possession of Survey No. 82 on which the Well in dispute is constructed.

(3.) In very specific words, the defendant has admitted the possession of the plaintiffs on the disputed well in its written statement. However, the learned Trial Court instead of decreeing the suit of the plaintiffs straightway in terms of Order XV Rule 1 of Code of Civil Procedure, framed issues and recorded evidence of parties. The learned Trial Court, on the basis of the evidence placed on record, categorically held that the plaintiffs are possessing the disputed Well and, hence, directed the defendant to remove the electric motor pump and its accessories from the Well and also passed the decree to pay compensation etc. as directed in its judgment.