NARAYAN Vs. AMAR SINGH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the judgement and decree dtd. 15/12/2021 passed by learned Additional District Judge, Kaman, District Bharatpur whereby, the Civil First Appeal No.13/2013 (CIS No.13/2013, CNR No.RJBH2A0000672013) preferred by the respondents-plaintiffs, has partly been allowed and the judgment and decree dtd. 20/9/2013 passed by learned Nyayadhikari, Gram Nyayalaya, District Bharatpur dismissing the suit No.252/2011 (36/2011), has been reversed.

(2.) The facts in brief are that the respondents/plaintiffs filed a suit for permanent injunction qua a piece of land situated in Village Gurira, Tehsil Kaman, District Bharatpur claiming the same to be under their possession since centuries, being used for their residence as also for other sundry purposes. It was alleged that the defendants were trying to interfere with their peaceful possession and hence, a decree of permanent injunction was prayed for. The defendants in their written statement submitted that the land in question was part of Khasra No.226 min which was purchased by the defendant No.3 through a registered sale deed from its erstwhile Khatedar Roopsingh and was under their possession. It was stated that in a revenue suit filed by them against the plaintiffs and their family members, they were restrained by the decree of permanent injunction from interfering with land of Khasra No.226 min under their possession by the Court of SDO, Kaman vide its judgement dtd. 30/3/2012.

(3.) The suit filed by the respondents was dismissed by the Court of Nyayadhikari, Kaman vide its judgment and decree dtd. 20/9/2013 which was successfully challenged by them by way of a first appeal which has partly been allowed by the learned Additional District Judge vide its judgment and decree dtd. 15/12/2021.