BAJESINGH Vs. LEELABAI

JUDGEMENT

(1.) Learned counsel for the appellants is heard on the question of admission.

(2.) This appeal under Sec. 100 of the CPC has been preferred by defendants 1 and 2 /appellants against the judgment and decree dtd. 3/9/2022 passed in RCA No. 67 of 2019 by the Ist Additional District Judge, Narsinghgarh, District Rajgarh affirming the judgment and decree dtd. 30/1/2019 passed in RCS No. 400026/2016 by the IInd Civil Judge Class-II, Narsinghgarh, District Rajgarh whereby the claim of plaintiff/respondent No.1 for possession of the suit land and permanent injunction had been decreed and their counter claim for declaration of title and permanent injunction had been dismissed.

(3.) As per the plaintiff she is the owner of the suit land and defendants 1 and 2 are her neighbors and have forcibly taken possession of the same. Defendants 1 and 2 had instituted an action in the Court of Civil Judge, Class-II Narsinghgarh against her which was dismissed by judgment and decree dtd. 13/8/2015 for want of evidence after which they have illegally taken possession of the suit land. She instituted proceedings under Sec. 145 of the Code of Criminal Procedure against defendants 1 and 2 but has been unsuccessful in obtaining possession of the suit land therein hence has instituted the present claim for possession and permanent injunction.