SAME RAM Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Appellant-plaintiffs are aggrieved of judgment and decree dtd. 19/3/2018, passed by the learned Additional Civil Judge (Sr. Division), Meham, as well as judgment and decree dtd. 5/7/2018, passed by the learned Additional District Judge, Rohtak, whereby their suit for permanent injunction has been dismissed.

(2.) Brief facts necessary for the adjudication of the case are that appellant-plaintiffs filed the abovesaid suit for permanent injunction for restraining the defendants from demolishing any portion of the house or chabutra constructed over the plot no.153 of the house of the plaintiffs and in the alternate a decree for mandatory injunction directing the defendants to restore the dismantled portion in its actual position be also passed in favour of the plaintiffs in case the platform was removed during the pendency of the suit. It was pleaded that plaintiffs are owners in possession of 9/12 share of plot/house comprised in khewat no. 318/360/2, khasra no.153 (0-10) and 256 (1-0), total measuring 2 kanals situated in Village Gugaheri, Tehsil Meham, District Rohtak. It was pleaded that the plaintiffs constructed their houses over the said plot 30 years ago by leaving a street i.e., 4 karam. It was further pleaded that defendants are very strong headed and cunning persons who threatened to demolish the platform (Chabutra) of the house of the plaintiffs without any just cause. Plaintiffs called upon the defendants not to interfere in the peaceful possession of the plaintiffs, but the defendants are adamant and did not pay any heed to the genuine request of the plaintiffs. Hence the suit was filed.

(3.) Defendants filed joint written statement while resisting the suit. Various preliminary objections were raised. Averments on merits were denied. It was stated that the plaintiffs have illegally encroached upon the land of Gram Panchayat by constructing a platform (Chabutra) in the street and eviction order qua the said platform has already been passed by Assistant Collector Ist Grade Meham on 31/3/2011 against the son of the plaintiff no.1. Appeal filed by the son of plaintiff no.1 was also dismissed by the Commissioner, Rohtak on 21/11/2012. It was further stated that during demarcation of street, it was found that the plaintiffs have illegally constructed platform (Chabutra) in the street and were in illegal and unauthorised possession of the street. Dismissal of the suit was prayed for.