BARU AND ANR. Vs. TEK RAM AND ORS.

JUDGEMENT

(1.) This is plaintiffs regular second appeal and has been directed against the judgment and decree dated 24th January, 1985 passed by the Court of Additional District Judge, Jind who allowed the appeal of the defendants by setting aside the judgment and decree dated 2nd April, 1983 passed by the Court of Sub Judge, 1st Class, Narwana who decreed the suit of the plaintiffs for permanent injunction.

(2.) The case set up by the plaintiffs in the trial, court was that the Johar (pond) measuring 21 Kanals 5 mrlas comprised in Khasra No. 502/2 situated in village Danoda Kalan is Gair Mumkin Johar for the last 150 -200 years and it is being used for common purpose of the whole village. The villagers show water to their cattle heads and they take bath. They also take drinking water from this " Johar" and the people also wash their clothes. The defendants Sarvshri Rajmal, Tek Ram etc. wanted to take forcible possession of the Johar by raising construction and by converting the 'Johar' into the bara and for this purpose, they had collected bricks and started throwing cow -dung at the spot. They have no right to do so. Hence the suit.

(3.) Notice of the suit was given to the defendants. Defendant No. 1 Rajmal in his written statement has admitted the claim of the plaintiffs. However, the other defendants in thief joint written statement have denied the allegations of the plaintiffs and it is asserted that, in fact, the Johar in dispute is owned and possessed by the defendants and accordingly they are entitled to use this land in any matter they like and the plaintiffs and the other villagers have no right or concern with this land. It is also alleged by the defendants that they have constructed the pond in some portion of this land and the remaining land is being used by them for their benefit. It is then alleged that in the land measuring 23 kanals 8 marlas they have already laid foundation and have collected material for making construction. The plaintiffs have no locus standi to file the suit and that the suit is not maintainable in the present form.