RADHIKA PD PATEL Vs. YASODANAND SAHU

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the defendants/petitioners take exception to the order dated 26.08.2020 passed by Ist Civil Judge Class II, Mauganj, district Rewa in C.S. No.RCSA/90/2020, whereby their application under Order 26 Rule 9 of the C.P.C. has been dismissed.

(2.) Brief facts of the case are that plaintiffs/respondents instituted a suit seeking permanent injunction under Section 38 of Specific Relief Act alongwith an application under Order 39 Rule 1 and 2 of C.P.C. against defendants/petitioners to restrain them from interfering in the possession and enjoyment in respect of the suit land bearing Khasra No.709, area 0.235 hectares, situated in village Dubgawan Kurmiyan, Tehsil Mauganj, district Rewa and the house, well and trees situated thereon. It is pleaded that defendants have constructed their residential house on survey No.772, at the south side of the RRC Road, however, they are threatening to forcibly take possession of the land in question held by the plaintiffs. Consequently the suit is filed.

(3.) The defendants/petitioners contested the suit and filed a written statement. They denied the possession and title of plaintiffs over the land in suit. It is stated that Sukhdev Teli, the ancestor of plaintiffs had given the suit land to Ramprayag Patel, ancestors of defendants through a 'Pawat' dated 11.07.1946. It is pleaded that since then they are in possession and constructed a house and well thereon. It is further stated that on account of the 'Pawat', defendants have acquired the right and title over the suit land and any entry in the name of plaintiffs in the revenue record is null and void. Alternatively, it was pleaded that they have acquired the title by way of adverse possession. With the aforesaid pleadings, the relief claimed by the plaintiffs/respondents was opposed by the defendants/ petitioners.