SOHANU RAM Vs. NIKKU RAM AND ORS.

JUDGEMENT

(1.) Present regular second appeal is filed under Sec. 100 of Code of Civil Procedure 1908 against judgment and decree passed by learned District Judge Bilaspur (H.P.) in Civil Appeal No. 77 of 2007 title Sohanu Ram v/s. Shri Nikku Ram and others whereby learned District Judge Bilaspur (H.P.) affirmed the judgment and decree passed by learned Trial Court in Civil Suit No. 51/1 of 2003 decided on 5.6.2006 title Sohanu Ram v/s. Nikku Ram and others.

(2.) Brief facts of the case as pleaded are that Sohanu Ram plaintiff filed suit for permanent prohibitory injunction restraining the defendants not to damage the path comprised in Khewat No. 580 min Khatauni No. 662, Khasra No. 139 measuring 2 bighas 3 biswas situated in village Dhar Tatoh Pargana and Tehsil Sadar District Bilaspur H.P. Additional relief of permanent prohibitory injunction also sought not to change the nature of land comprised in Khata No. 580 min Khatauni No. 661 Khasra Nos. 136, 138, 140 situated in village Dhar Tatoh Pargana and Tehsil Sadar District Bilaspur H.P. in any manner. Additional relief of mandatory injunction also sought for demolition of structure if so raised by defendants during pendency of civil suit. It is pleaded that defendants have encroached upon Khasra No. 140 qua which complaint was filed and when order of eviction was going to be passed then predecessor -in -interest of defendants filed civil suit before learned Civil Judge (Senior Division) Bilaspur (H.P.) which was dismissed. It is pleaded that appeal preferred by defendants was also dismissed by learned District Judge on 23.11.2001. It is pleaded that despite various applications and requests filed by plaintiff before AC 1st Grade learned Assistant Collector 1st Grade did not evict the defendants from Khasra No. 140/1. It is pleaded that AC 1st Grade also sent a written order to SHO Barmana to stop the defendants from encroaching the suit land. It is pleaded that police officials visited the spot but instead of implementing the order police officials straight away went inside residential house of defendants and came out after one or two hours and abused the plaintiff and asked the plaintiff to sign blank papers and when plaintiff refused to sign police officials took the plaintiff into illegal custody qua which complaint was filed before SP Bilaspur. Prayer for decree the suit as mentioned in relief clause of plaint sought.

(3.) Per contra written statement filed on behalf of defendants pleaded therein that suit of the plaintiff is not maintainable and plaintiff has no cause of action to file the present suit. It is pleaded that suit of plaintiff is not valued for the purpose of court fee and further pleaded that suit of plaintiff is bad for non -joinder of necessary parties. It is pleaded that civil Court has no jurisdiction to try the suit. It is pleaded that plaintiff has no cause of action to file the present suit. Prayer for dismissal of suit sought.