MUNSHI RAM Vs. SITA RAM

JUDGEMENT

(1.) -The suit land is measuring 18 Marlas comprised under khasra No. 193/2 which was a part of khasra No. 193 measuring 5 Kanals 4 Marlas, as described in the plaint. The present respondents preferred a suit for declaration to this effect that they were owners in possession of the entire khasra No. 193 to be specific that of khasra No. 193/2. This khasra No. according to the plaintiffs, was Abadi Tikka and they being proprietor of the Tikka, were in possession of the same and hence its owners. It was pleaded that in Tikka Malankar, there were three caste, namely, Kumhar, Girth and Lohar and all these three communities were having separate Abadies. It was alleged that Abadies of plaintiff and Defendants 3 to 5 were in khasra number 193 and they were all Kumhars by caste and the Abadi of Girth was in khasra No. 159. According to the plaintiffs, Defendants 1 and 2 were threatening to take forcibly possession of the land under khasra number 193/2 and as they were not admitting the claim of the plaintiff, hence suit for permanent prohibitory injunction has been filed and in the alternative possession has been asked for.

(2.) Defendants 1 and 2 contested the suit and they took various preliminary objections with respect to the court fee etc. but on merit the plaintiffs possession over the disputed land was denied as has been alleged by them. It was very specifically pleaded that an area of 1 Kanal under khasra No. 193 was in actual possession of Defendants 1 and 2 since their fore -fathers and they claimed themselves to be the owners of the same being proprietor in the village. It was pleaded that plaintiffs were not proprietor of that Tika but of Tika Jarot and as they came to Tika Malankar only four or five years back, hence they had no right to occupy any land. Plaintiffs case that three communities were having separate Abadies in Tika have not been admitted.

(3.) The aforesaid judgment and decree passed by the trial Court, were assailed before the First Appellate Court on various pleas. The First Appellate Court after hearing the parties accepted the appeal, and after setting aside the judgment and decree, passed by the trial Court, decreed the suit of the plaintiffs for permanent prohibitory injunction.