BALARAM Vs. BADRI

JUDGEMENT

(1.) This is an appeal filed by the plaintiff arises out of the judgment and decree dated 29.02.2016 passed by 2nd Civil Judge Class-II, Dhar and Judgment dated 10.08.2017, passed by the IIIrd Additional District Judge, Dhar whereby the suit as well as the first appeal both have been dismissed respectively.

(2.) Facts of the case, in short, are as under: The plaintiff is a permanent resident of Gram Aali, Tehsil and District Dhar. According to him, he is cultivating the agricultural land bearing Survey No.365/1/1 (area 0.304 hectares) with the help of his brothers. The defendant Nos.1 to 3 without any legal right came to the agricultural field on 06.03.2011 near about 8 AM and started construction by digging the holes. The plaintiff and the other villagers tried to convince them, but they abused them and did not stop illegal work. The plaintiff lodged a report in the Police Station, Nalcha and thereafter, made a complaint to the Tehsildar and Patwari for obtaining stay. On 27.03.2011 again the defendants came with 8-10 labours and started the construction of columns and beams. Being aggrieved by the aforesaid conduct, the plaintiff filed the present suit for declaration of title and permanent injunction on 01.04.2011. According to the plaintiff, after 01.04.2011, the defendants have completed the construction.

(3.) The defendant Nos.1 to 3 filed the written statement by submitting that they are in possession over the suit land since the period of ancestors. The suit is not maintainable for want of relief of possession. The plaintiff has not impleaded Pradhan Mantri Sadak Yojna Authority as one of the necessary party, hence, the suit suffers from non- joinder of parties. The suit is barred by time as the plaintiff did not approach within 12 years from the date of possession. The defendants further pleaded that the plaintiff is not exclusive owner of the suit land , he ought to have impleaded other co-owners as plaintiffs in the civil suit.