BHURALAL Vs. SHIV PRASAD

JUDGEMENT

(1.) With the consent, heard finally. The petitioners before this Court have filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dtd. 4/3/2025 passed in RCSA No.34/2020, whereby the application filed under Order I Rule 10 r/w Sec. 151 of the Code of Civil Procedure, 1908 has been rejected.

(2.) Shorn of unnecessary details, the relevant facts are that Tehsildar, Depalpur issued notice to respondent No.1 stating that his house was constructed on encroached land of Survey No.584/2 and a direction was issued to remove the encroachment. In response to the said notice, respondent No.1 submitted certain documents such as registered sale deed bearing No.22/65 dtd. 15/2/1965 executed in favour of his father, proper tax receipts, water tax receipts and building permission in order to establish that they are the owner of the land over which the house is constructed. Thereafter, without considering the aforesaid documents, again direction was issued to remove such encroachment.

(3.) Being aggrieved by the aforesaid, the respondent No.1 filed a suit i.e. RCS/A/34/2020 seeking declaration and permanent injunction against respondents No.2 to 4 on the basis of sale deed dtd. 15/2/1965 executed in favour of his father.