UMMEDA RAM & ORS Vs. RAM CHANDRA

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dated 17.03.2004 passed by the Civil Judge (Junior Division) & Judicial Magistrate, 1 st Class, Nokha, District Bikaner, whereby the learned Magistrate decreed the suit for possession, and for permanent and mandatory injunction in favour of the respondent-plaintiff. The appellants are also aggrieved by the judgment dated 11.09.2008 passed by the Addl. District Judge No.2, Bikaner, whereby the learned Judge has upheld the judgment and decree dated 17.03.2004.

(2.) The brief facts of the case are that the respondent-plaintiff filed a suit against the appellantdefendants. The respondent-plaintiff claimed that Patta of Plot No.41 in Village Jasrasar was given to Smt. Mooli Devi by the Gram Panchayat, Jasrasar. The land of appellants' father was adjacent to her plot. Mooli Devi filed a suit for permanent injunction against appellant Ummeda Ram claiming that he has tried to encroach upon her land.

(3.) Thereafter, parties entered into a compromise; consequently, a decree dated 24.04.1995 was passed granting permanent injunction against the appellant, Ummeda Ram not to encroach upon the plot of Mooli Devi and not to create obstruction in the use of the land and also that no objection would be raised about the construction of a wall existing between the two plots. Out of the said land, Mooli Devi sold 1914 sq.ft. to the respondent, Ram Chandra and handed over the possession of same to him. When the respondent tried to raise a wall between the two plots, the appellants did not allow him to do so, despite a decree being in his favour. They created obstruction in the use and occupation of the land. Thus, it was prayed that if the appellants were to take the possession of land in dispute, then possession should be restored to him in compliance of decree passed in Case No.2/93 filed by Mooli Devi against appellant No.1.