RAMOTTAR Vs. BUDH SINGH AND OTHERS

JUDGEMENT

(1.) Defendant no. 1 Ramottar has filed this second appeal.

(2.) Suit was filed by respondent no. 1/plaintiff Budh Singh against appellant, proforma respondents no. 2 and 3 and Shree Parkash (since deceased and represented by proforma respondents no. 4 and 5) as the defendants. The plaintiff alleged that he is owner in possession of the suit property. Defendants had raised construction by encroaching upon Panchayat land towards north of the suit property. They also opened their patnala, mori etc. towards suit property of the plaintiff. In earlier suit filed by the plaintiff, counsel for the defendants made statement that defendants would use the patnala, mori and passage as they have been using earlier and would not raise construction over the suit land. Thereupon plaintiff withdrew the said suit. However, now the defendants have constructed a new naali (drain). The plaintiff accordingly sought declaration that he is owner in possession of the suit land situated within Abadi Deh and defendants have no concern therewith. Plaintiff also sought permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiff over the suit land.

(3.) Defendants resisted the suit and broadly denied the plaint averments. It was pleaded that their gate, mori and patnala are in existence since the time immemorial. Ownership and possession of the plaintiff over the suit property was denied. It was pleaded that suit land is part of khasra no. 1182 which is Johri (pond) belonging to Gram Panchayat.