GANGA RAM Vs. KAJOD

JUDGEMENT

(1.) Appellant-plaintiffs have preferred this second appeal under Sec. 100 CPC against the judgment and decree dtd. 31/3/2016 passed by Additional District Judge No.2, Jaipur District Jaipur in civil first appeal No.37/2014 affirming the judgment and decree dtd. 27/5/2014 passed by Additional Civil Judge (Sr.D.) No.2, Jaipur District Jaipur in Civil Suit No.31/2013 (188/08, 75/09) whereby and whereunder appellant-plaintiffs' civil suit for permanent injunction, possession and seeking demolition of construction of defendants has been dismissed on merits.

(2.) Heard counsel for appellants and perused the record.

(3.) It appears from the record that appellant-plaintiffs instituted a civil suit in relation to the bada described in para No.2 of the plaint and shown by mark [xxxx] in the site map appended with the plaint. Plaintiffs brought a case that in that bada, defendants entered into possession over the part of 16' X 3.6' towards the eastern-southern side of the bada that part over which defendants have been alleged to be encroached over the plaintiffs' bada have been shown with yellow colour in the site map. Plaintiffs' case, in the plaint itself is that Nagar Palika, Chaksu has regularized the possession of defendants over an area of 38' X 32' but defendants have raised construction in excess to their regularized area by entering into 3.5' excess land towards the plaintiffs' bada.