BHANWAR SINGH Vs. HEERA CHAND

JUDGEMENT

(1.) These appeals have been filed by the appellants aggrieved against the judgments & decrees dated 04.02.2017 passed by Senior Civil Judge, Sumerpur, District Pali and judgments & decrees dated 14.11.2018 passed by the Additional District Judge, Sumerpur, District Pali, whereby the suits filed by the respondents for permanent and mandatory injunction have been decreed and the appeals filed by the appellants have been dismissed.

(2.) The suits for permanent and mandatory injunction were filed by the plaintiffs on 08.05.2014, inter alia, with the submissions that the suit plots were purchased by them from father of the defendants vide registered sale-deed dated 06.12.1993 and since then, they were in peaceful possession of the plots in question, which was surrounded by fence with a gate and there were four trolley stones lying on the plots. The defendants unauthorisedly entered the plots on 04.05.2014 and started digging for foundation through JCB. It was indicated that as the defendants have started to dig foundation, the suits were being filed for permanent injunction and for restoration of the plots in its previous status mandatory injunction was prayed.

(3.) The suits were contested by the defendants by filing written statement denying the averments made in the suits and claiming that they were in possession of their ancestral property and that the suits for permanent and mandatory injunction were liable to be dismissed.