HAGAMI LAL Vs. JAGDISH CHANDRA

JUDGEMENT

(1.) This appeal under Section 100 CPC is directed against the judgment & decree dated 07.03.2014 passed by the Additional District Judge, Shahpura, District Bhilwara, whereby the judgment & decree dated 08.12.2005 passed by the Civil Judge (Sr.Div.), Shahpura, District Bhilwara, wherein the suit for permanent injunction filed by the respondent had been decreed, was affirmed.

(2.) The plaintiff-respondent filed a suit for permanent injunction, inter-alia, with the submissions that vide proposal No.8 dated 02.10.1986, the Gram Panchayat, Dhanop gave a plot ad measuring 30' x 45' to the plaintiff. It was claimed that the plot of the plaintiff was situated within the boundaries indicated in the plaint. The plaintiff claimed that he had put up a mud fencing (Dol) around his plot, which was in existence for some time, however, due to passage of time the same fell down. It was claimed that the plaintiff has left some space towards the North Western side of the disputed plot for commuting. However, the defendant threatened to dispossess the plaintiff from the disputed plot and based on the said averments, sought restrain against the defenants.

(3.) The defendants-appellants filed written statement denying the averments made in the plaint. It was claimed that the defendants were rightful owners of the disputed property bearing new No.2198 ad measuring 2 Bigha 14 Biswa, they were in possession of the property since long and produced the jamabandi in this regard. It was claimed that when the Panchayat Dhanop tried to dispossess then, a civil suit was filed against the Panchayat, which it is claimed, was allowed and the Panchayat was restrained from dispossessing the defendants from the disputed property. The validity of the patta issued was questioned and it was submitted that as Gram Panchayat has not been made a party, the suit was not maintainable.