MANGAT RAM Vs. CHURA DUTT

JUDGEMENT

(1.) The petitioner is the defendant in Civil Suit No. 126/1 of 1994. He is aggrieved by the order dated 13-6-2000 of the learned District Judge, Kinnaur at Rampur, whereby the respondents/plaintiffs were permitted under Order 23, Rule 1 (3), Code of Civil Procedure, to withdraw their suit with liberty to bring a fresh suit on the same cause of action.

(2.) The facts of the case leading to the present petition, briefly, may be thus stated. The plaintiffs are owners of the land comprising of Khata/Khatauni No. 11/42 and Khasra No. 386 in Kasba Bazar Rampur Bushahr while the defendant is the owner and in possession of the adjoining land comprising of khasra No. 384. Alleging encroachment by the defendant over an area measuring 2 mtrs. in width and 11.40 mtrs. in length out of their land comprising of khasra No. 386, the plaintiffs filed a suit, being Civil Suit No. 126/1 of 1994 before the learned Sub Judge Ist Class, Rampur, on 25-8-1994 for perpetual and mandatory injunction to the effect that the defendant be restrained from raising any further construction over the encroached area and for directing him to pull down the construction raised by them over such area and to restore the same to the plaintiffs.

(3.) The defendant while resisting the suit, denied the encroachment on any part of the land belonging to the plaintiffs and pleaded that the construction has been raised by him in his own land.