SANJAY KUMAR JALUKA Vs. JAGDISH PRASAD AGARWAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 31/1/2020 passed by Additional District Judge, Churu, whereby, the appeal filed by the appellant - plaintiff against the judgment and decree dtd. 23/11/2016 passed by Additional Civil Judge, Churu, has been dismissed.

(2.) The suit was filed by the plaintiff - appellant seeking permanent injunction inter alia with the submissions that the applicant was in possession of a house situated in Ward No.43, Churu, boundries whereof, was indicated in the plaint, which was in possession of the plaintiff since 25/7/1984 from the lifetime of his father and the plaintiff was using the same without any obstruction. It was claimed that on 29/9/2012, one - Vishwanath Jaluka, Bajranglal Jaluka, Govindlal Jaluka sons of Late Babulal Jaluka and ors., transferred the property illegally to the defendants and executed a sale deed, though the same continued in possession of the plaintiff and, therefore, as since 25/7/1984 the plaintiff is in adverse possession and on account of passage of 12 years, his title has been perfected. It was indicated that the defendants on purchasing the property, called upon the plaintiff to give vacant possession of the property, which was denied by the plaintiff. Based on the above submissions, injunction was sought against the defendants.

(3.) Written statement was filed by the defendants denying the averments made in the plaint as well as denying the plea of adverse possession, it was claimed that the plaintiff was in permissive possession of the property and without seeking declaration the suit for injunction against true owner was not maintainable.