RAMKUMAR Vs. KURDARAM

JUDGEMENT

(1.) The appellant/plaintiff (for brevity, "the plaintiff") filed a Civil Suit No.6/2006 for permanent injunction against the respondents/defendants (for brevity, "the defendants") which came to be dismissed by the Court of learned Senior Civil Judge, Fatehpur District Sikar (for brevity, "the learned trial Court") vide its judgement and decree dtd. 21/5/2015 and the appeal preferred thereagainst bearing no.64/2016 (45/2015) has also been dismissed by the Court of learned Additional District Judge, Fatehpur District Sikar (for brevity, "the learned appellate Court") vide its judgement and decree dtd. 8/3/2019.

(2.) The relevant facts in brief are that the plaintiff filed a suit with the averments that his residential accommodation measuring 47 feet X 30 feet as described in Para No.1 of the plaint is situated in Khasra No.609/06, New Ward No.19 Near Railway Station in Town Ramgarh. It was averred that he acquired its ownership through a relinquishment deed executed by Shri Kurdaram son of Shri Laxman, its erstwhile khatedar. It was alleged that the defendants no.2 and 3 have served a notice dtd. 29/11/2001 upon him seeking his dispossession from the subject property without any legal authority. Thus, a decree of permanent injunction was prayed for. The defendants no.2 and 3 in their joint written statement, denying the averments of the plaint, submitted that the subject land was neither in the khatedari of the plaintiff nor, was part of Khasra No.609/06; rather, it was part of Khasra No.609/02 recorded in the khatedari of the defendant no.3-Nagar Palika, Ramgarh. It was stated that the plaintiff is in the habit of encroaching upon this land and in the past also, encroachment made by him over the subject land was removed.

(3.) On the basis of pleadings of the parties, four issues were settled.