RAM LAL Vs. NARSINGH

JUDGEMENT

(1.) The defendant No. 1-appellant has preferred the present civil second appeal under sec. 100 of CPC against the judgment and decree dtd. 7/2/2014 passed by the learned Additional District Judge No. 1, Chittorgarh (hereinafter referred to as the learned First Appellate Court) in Civil First Appeal No. 23/2008 whereby the learned First Appellate Court dismissed the appeal filed by the defendant No. 1-appellant and affirmed the judgment and decree dtd. 1/11/2007 passed by the learned Additional Civil Judge (Junior Division), Chittorgarh (hereinafter referred to as the learned trial Court) in Civil Original Suit No. 39/2006 (119/2005) whereby the learned Trial Court decreed the suit filed by the plaintiffs-respondents herein seeking decree of permanent injunction and declaration.

(2.) Briefly stated, facts of the case as stated in suit are that the plaintiff was allotted a residential plot in Gram Panchayat, Samri and Patta No. 13053 dtd. 30/11/1975 was issued in his favour. It was stated that when the plot in question was handed over to the plaintiff, a residential house was already constructed and on the western side of the plot, there is residential house of defendant No. 1 and in between the boundary wall of plot of the plaintiff and defendant No. 1, there is a public way. In the suit, it was stated that the boundary wall and wooden gate of plaintiff's property was demolished by the defendants and the defendants have put rocks on the public way resulting into non-access of the public way to the plaintiff. Therefore, seeking decree of permanent injunction and declaration, the plaintiff preferred the suit.

(3.) The defendants submitted that the residential house in question is not of the plaintiff and the plaintiff had sold out the said house to the defendant No. 1 on 20/6/2004 for a consideration of Rs.35,001.00 and the defendant is in power and possession of the house in question from the last 30 years. It was also submitted that there was no way on the western side of the house in question.