BAGDIRAM Vs. RAMSINGH

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by the appellants/defendants being aggrieved by the judgment and decree passed by the Courts below whereby the claim of plaintiffs/respondents for permanent injunction has been decreed.

(2.) As per the plaintiffs, by a registered sale deed dtd. 29/3/1961 Jagannath, Daulatramji and Dhannaji had purchased survey No.72/82 area 4.31 acre from Pyara S/o Tulsiji Chamar. They divided the land amongst themselves subsequently as a result of which survey No.72/82/2 fell to the share of Jagannath, survey No.72/82/3 fell to the share of Dhannaji and survey No.72/82/1 fell to the share of Daulatramji. The same were accordingly recorded in the revenue records. The plaintiffs are in possession of survey No. 72/82/2 area 0.809 hectare fallen to the share of their predecessor Jagannath which is the suit land but the defendants are attempting to encroach over the same which has necessitated filing of the suit for permanent injunction restraining the defendants from interfering with their possession over the same.

(3.) The defence of the defendants was that they are the owners of survey No.3 area 2.561 acre which is an entirely distinct land from the land owned by the plaintiffs. The areas of both the lands are different and they are situated in different villages. The plaintiffs want to forcefully grab the land of the defendants, who are not in possession of any land of the plaintiffs. The defendants also laid a counter claim for declaration of their title over their land. The plaintiffs filed their written statement to the counter claim of the defendants.