NAVGORANGDAS Vs. RAM SINGH

JUDGEMENT

(1.) BY this second appeal, the defendant -appellant has challenged the judgment and decree dt. 24.12.2011 passed by the Addl. Distt. Judge No. 1, Deeg, Distt. Bharatpur in Civil Appeal No. 24/2009 whereby the appeal filed by the plaintiff -respondent has been allowed and the judgment and decree dt. 01.09.2009 and 07.09.2009 respectively passed by the Civil Judge, Junior Division, Deeg in Civil Suit No. 91/2001 titled Ram Singh vs. Nav Gorang Das have been set aside and the suit has been decreed with costs. The facts, in brief, of the case are that the plaintiff -respondent filed a civil suit for permanent injunction in respect of the public way shown in the site plan, with the averments that he is using the said public way since long for going to and coming from his fields. The said way is also a part of Brij Chorasi Kose Parikrama and the defendant -respondent had encroached upon this and also made some construction over it, therefore, the civil suit was filed seeking the relief of permanent injunction against the defendant to the effect that the defendant be restrained from raising any construction on the way in question which was being used by the plaintiff and not to create any hindrance in the way.

(2.) THE defendant -respondent filed the written statement and stated therein that the said land is not of public way and is of the Trust whereon he has constructed the public water hut and using the same for consumption of water by the pilgrims.

(3.) ON the pleadings of the parties, the trial Court framed three Issues, out of which Issue No. 1 relating to the use of the public way and entitlement of the plaintiff for a decree of permanent injunction, is the most relevant issue for the purpose of deciding the civil suit as well as this appeal.