MADHO RAM Vs. GUDDU

JUDGEMENT

(1.) Petitioner's application to restrain the defendants from interfering over Khasra No.608 has been dismissed by both the learned Courts below, hence this petition.

(2.) Civil Suit was instituted by the plaintiff (petitioner) praying for decree of perpetual and prohibitory injunction to restrain the respondents from interfering, raising construction by narrowing down the path, cutting trees, causing nuisance over the suit land. The suit land was comprised in two Khasra Numbers viz. Khasra Nos.610 and 608. It was the pleaded case of the plaintiff that Khasra No.608 was entered in the revenue record as abadi deh. He alleged that the said khasra number was jointly owned and possessed by him and defendants. Khasra No.610 was projected to have been entered in the revenue record as raasta share-aam, jointly owned and possessed by the plaintiff and other share-holders.

(3.) The defence was that the defendants were exclusive owners in possession of Khasra No.608. Their houses were located over Khasra No.608. Plaintiff had no right, title or interest over Khasra No.608. The defendants pleaded that the plaintiff was complete stranger to Khasra No.608. With respect to allegations of raising construction, the defendants took up the stand that their houses over Khasra No.608 were standing for the last many years. Neither any construction material was lying on the spot nor defendants had any intention to raise any construction over the suit land.