SHANKAR LAL MEENA Vs. KAJOD MAL MEENA

JUDGEMENT

(1.) This civil second appeal has been preferred by the appellants/defendants (for brevity, the defendants") against the judgment and decree dtd. 7/12/2021 passed by the learned Additional District Judge No.1, Jaipur District, Jaipur (for brevity, the learned Appellate Court") in Civil Regular Appeal No.1/2018(33/2018) (NCV No.33/2018) whereby, while allowing the appeal preferred by the respondents, the judgment and decree dtd. 31/5/2018 passed by the learned Civil Judge, Jamwaramghar, Jaipur District, Jaipur (for brevity, the trial Court) dismissing the Civil Original Suit No.80/2017(159/2007), have been reversed and the suit for permanent injunction has been decreed.

(2.) The relevant facts in brief are that the predecessor-ininterest of the respondents-Shri Kajod Mal Meena ("plaintiff") filed a suit for permanent injunction against the defendants stating therein that he was issued a patta of the subject land admeasuring 204 Sq. Yards by the Gram Panchayat Bhawani on which he was residing with his family raising construction of a residential house. Alleging that the defendants were trying to encroach upon the land of his plot, he filed the suit for decree as aforesaid. During its pendency, he filed amended suit stating therein that despite interim order of the Court, the defendants have encroached upon a part of his land.

(3.) The defendants in their joint written statement submitted that the plaintiff has obtained patta fraudulently. It was averred that no house of the plaintiff exists on 204 Sq. Yards of land as claimed. Any encroachment on his land was denied by them. On the basis of pleading of the parties, the learned trial Court framed seven issues including relief. After recording evidence of the respective parties, the learned trial Court dismissed the suit vide its judgment and decree dtd. 31/5/2018 holding that the plaintiff could not establish his possession over the entire subject land prior to filing of the suit. The civil first appeal preferred thereagainst by the plaintiff has been allowed by the learned Appellate court vide judgment and decree dtd. 7/12/2021 and the suit has been decreed.