MAHESH KUMAR Vs. VISHAMBHAR KUNWAR PAL

JUDGEMENT

(1.) This Miscellaneous Appeal has been field by appellants aggrieved by the order passed in Civil Appeal No. 7-A/2014 by Second Additional District Judge Joura District Morena on 12/5/2014 by which judgment passed by Second Civil Judge Class II Joura in Civil Suit No. 8-A/2012 on 7/2/2014 was set-aside and matter was remanded back to the trial Court for getting the disputed property demarcated by Superintendent, Land Record Morena and thereafter pass appropriate judgment.

(2.) In brief facts of the case are that appellants have filed a civil suit for permanent injunction against respondents in regard to the land situated at Mouja Sankara Pargana Survey No.5 the area of which was 4 bigha 3 viswa out of which 1 bigha 13 viswa was acquired for canal and remaining area is 2 bigha and 10 viswa. The Joura-Runipur road passed through survey No.5 due to which the disputed property is in two parts. 8 Biswa portion of the land is situated in the north side towards Narua and Road. Plaintiff on 27/8/2010 purchased 8 viswa land situated on north side towards Narua and Road of Survey No.5 area 2 bigha 10 viswa from respondents and took possession over the said land. Adjacent to the aforesaid land, land of respondents is situated. They want to pass tractor from the aforesaid 8 viswa land of plaintiff despite they are having way from Ranipur Road. The aforesaid part of land 8 viswa has been given by plaintiff on batai to Vidyaram. Thereafter on 26/9/2011, respondent tried to pass his tractor from the aforesaid land for which bataidar Vidyaram objected due to which they started abusing him. Thereafter, petitioner lodged a report at Public Meeting on 27/9/2011 with SDO Joura. Tahsildar Joura submitted an inquiry report on the same day due to this they had to file a civil suit for permanent injunction.

(3.) Respondents denied plaint averment of plaintiff and stated that land which was purchased by plaintiff on 27/8/2010 is the land of irrigation department, boundaries of which are wrongly recorded in revenue records. Proposed respondents had not right to sell the aforesaid disputed land. Plaintiffs are in possession of disputed 8 viswa land. In the aforesaid land, during rainy season water accumulates due to which during rainy season nobody can go through from the aforesaid land. In the dry season, water is evaporated. They use the aforesaid land for the purpose of way. Regarding aforesaid disputed land one Narendra Kumar Tyagi President, Irrigation Department had filed an application for correction in revenue record and for separate partition due of which one revenue case No. 01/11-12 was registered. Thereafter on 13/8/2012, order was passed by which aforesaid land was mutated as land belongs to Government Chambal Canal.