RAKESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Briefly stated facts of the case are that State of Uttar Pardesh through its Assistant Engineer-III, Upper Division Agra Canal Department, Palwal, District Palwal, had brought a suit against defendants Rakesh Kumar, Ravinder Kumar and Sushil Kumar sons of Jai Dev, residents of B-143, New Colony, Palwal, District Palwal, seeking a decree for permanent injunction, restraining the defendants from interfering in ownership and possession of the plaintiff or from encroaching upon 'gair mumkin diggi ' comprised in Khewat No. 4905 Min, Khatoni No. 5746 Min, Rect. No. 281, Killa No. 26 (0-9), situated within the revenue estate of Palwal, Tehsil and District Palwal.

(2.) As per version of the plaintiff it is owner in possession of the suit property with which the defendants have no concern. But they have been on a look out to encroach upon the same by adopting illegal means and force and have collected building material nearby the suit property. The suit property is quite valuable being adjacent to the GT Road Palwal. When the defendants remained adamant in going ahead with their illegal act of encroaching upon the suit property, feeling alarmed, the plaintiff brought the suit in question against such defendants in the court of competent jurisdiction at Palwal.

(3.) On getting notice, the defendants appeared and filed a joint written statement, contesting the suit raising various legal objections contending that the suit was not maintainable; that the plaintiff did not have any locus standi to bring the suit; that the plaintiff was estopped by its act and conduct from filing the suit and that no cause of action had arisen to the plaintiff to bring the suit; etc. On merits, the defendants refuted the assertion with regard to the plaintiff being owner in possession of the disputed diggi, rather contended that defendants are owners in possession of the property comprised in Rect. No. 281, killa No. 1/1, 1/2, 10/1/1 and 10/1/2 and this property abuts G.T. Road towards Western side. The diggi in question has been merged with G.T. Road which is evident from the demarcation report submitted by Sh. Keshav Dass, Ex. Office Kanunago, Palwal on 12.3.1991. Therefore, the defendants have got a legal right to protect their possession over the suit property and no cause of action arose to the plaintiff to bring the suit in question. Refuting the remaining assertions, the defendants prayed for dismissal of the suit.