NATHURAM AND OTHERS Vs. RAGHUVEERDAS

JUDGEMENT

(1.) THE respondent -plaintiff initiated a civil action seeking relief of declaration and injunction on the ground that he was the owner of the suit land which were adjoining to the land of the present petitioners. Some part of the land were occupied by the petitioner -defendants, but after demarcation by the revenue authorities the respondent -plaintiff came to be in possession. It was the case of the plaintiffs that after taking over possession he started cultivating and when there was some dispute he was compelled to file the suit for declaration and injunction and a prayer for issue of an order of injunction restraining the defendants from interfering in his possession on the suit land situated in Khasra Nos. 532, 536/1 and 531/1707 of Village Luharguwa. It was the stand that the demarcation was done by the revenue authorities on above suit land and the defendants -petitioners had parted with possession as per the demarcation done by the revenue authorities.

(2.) THE defendants -petitioners denied the right, title and interest on plaintiff on the suit land, disputed the factum of possession and also pleaded that there had been no demarcation to show any unauthorised possession by them.

(3.) THE learned trial Judge dismissed the application preferred under Order 39, Rules 1 and 2 of the Code of Civil Procedure (for short 'the CPC) by order dated 22 -6 -2004.