SHIV RAM Vs. DAMODAR

JUDGEMENT

(1.) Heard learned counsel for the defendant appellant.

(2.) By this second appeal, the defendant-appellant has challenged the judgment and decree dated 28th March, 2012 passed by Additional District Judge No. 1, Deeg, District Bharatpur in Civil Regular Appeal No. 19 of 2010, Shivram v. Damodar dismissing the appeal filed by the defendant appellant and confirming the judgment and decree dated 16th March, 2010 passed by Addl. Civil Judge (Sr.Div.), Deeg in Civil Suit No. 51 of 1993, Damodar v. Shivram, whereby the civil suit filed by the plaintiff respondent seeking possession of and permanent injunction in relation to the land in dispute has been decreed against the defendant appellant,

(3.) Briefly, stated the facts of the case are that the plaintiff respondent filed a civil suit for permanent injunction against the defendant appellant with the averments that he is the owner of and having possession over the plot situated in Ward No. 9, Mohalla Gokulpura, Kaman, the boundaries of which were described in paragraph No. 2 of the plaint. It was also averred that earlier one Ram Singh tried to disturb his possession and dispossess him, therefore, he filed a civil suit in the court of Civil Judge, Bharatpur and during pendency of the aforesaid civil suit said Ram Singh sold the land to one Lallu vide registered sale deed dated 12th August, 1980 and Lallu raised unauthorised construction over some portion of the plot. Ultimately, on 16th August, 1982, the the basis of the compromise between the parties, the suit was decided in favour of the plaintiff and the sale deed dated 12th August, 1980 was declared to be void and the plaintiff withdrew the suit which was filed against Ram Singh. It was then averred that the defendant Shiv Ram, who has no right or title of the plot in dispute, is trying to dispossess him forcefully. Some earlier incidents and the proceedings taken by the plaintiff against the defendant were also mentioned and it was prayed that by permanent injunction the defendant be restrained from interfering in the his possession and also to restore his possession over the plot in dispute.