MAST RAM Vs. PIARE LAL

JUDGEMENT

(1.) REGULAR Second Appeal filed under Section 100 of the Code of Civil Procedure by the appellants against the judgment and decree passed by learned District Judge, Bilaspur on dated 27th September 2002 in Civil Appeal No. 44 of 1993 whereby learned District Judge affirmed the judgment and decree dated 16th March, 1993 passed in Civil Suit No. 62/1 of 1990 by learned trial Court. Prayer for setting aside both the judgments and decrees sought with further prayer to decree the suit filed by the appellants/plaintiffs sought.

(2.) BRIEF facts of the case as pleaded are that Mast Ram and others plaintiffs filed suit for permanent injunction pleaded therein that defendants be restrained permanently from interfering in the suit land comprised in Khewat No. 361 min Khatauni No. 390 min Khasra No. 302 and 306 measuring 15 -8 biswas situated in village Deoli Pargana and Tehsil Sadar District Bilaspur. It is further pleaded that alternatively if the plaintiff and proforma defendants are dispossessed during the pendency of suit or if the plaintiffs and proforma defendants are not found in possession of the suit land then possession be also restored. It is pleaded that plaintiffs and proforma defendants are tenants over the suit land under Thakur Dawara Deoli temple for rendering services and religious worship as per jamabandi for the year 1987 -88 annexed with the plaint. It is pleaded that defendants are residents of village Deoli and they have no right title or interest over the suit land. It is further pleaded that defendants are forceful persons and they intend to take possession of the suit land forcibly. It is pleaded that defendants have also threatened that they would forcibly occupy the suit land and they would dispossess the plaintiffs and proforma defendants from the suit land. It is pleaded that open threatening was given on dated 20th April, 1990 to dispossess the plaintiffs and on dated 21st April, 1990 when the plaintiffs cultivated the land the defendants entered into suit land with the object of dispossessing the plaintiffs. It is also pleaded that plaintiffs are in settled possession of suit land but if contesting defendants dispossess plaintiffs during the pendency of the suit then possession of the suit land be restored. Prayer for decree the suit as mentioned in head note of plaint sought.

(3.) PLAINTIFFS filed replication and reiterated their pleadings pleaded in the plaint. As per the pleadings of parties learned trial Court framed following issues on dated 6th April, 1991: -