SHANTA DEVI Vs. PUSHPA DEVI

JUDGEMENT

(1.) By way of this petition, the petitioner-plaintiffs have prayed for following reliefs:

(2.) Briefly stated facts of the case are that a suit for permanent mandatory injunction bearing Civil Case No. 7/2014 was filed with an application under Order 39 Rule 1 and 2 of CPC by the petitioner-plaintiffs praying that the respondents-defendants may be restrained from creating any disturbance in their title and possession over the property. During the pendency of the suit, the petitioner-plaintiffs filed an application under Order 26 Rule 9 and 10-A of CPC seeking appointment of Tehsildar, Girwa as Commissioner for locating the exact nature and measurements of land through scientific measures by fixing boundaries of the suit property.

(3.) In the reply, respondent Nos. 3 and 4 submitted that the petitioner-plaintiffs had filed a civil suit for grant of perpetual injunction claiming ownership and possession over the land in dispute on the basis of sale agreement, which does not confer any title in their favour. It was further submitted that the petitioner-plaintiffs have illegally trespassed over the land belonging to UIT and raised construction of a wall with a height of 7-ft. without obtaining permission, amounting to illegal construction. It was asserted that a site inspection had been conducted on 26/8/2013 by the concerned Patwari in which he found the petitioner-plaintiffs to be in possession of land in excess to the khatedari land. Further, illegal construction has been raised by encroaching upon the land of the Trust for which cases have been registered.