STATE OF RAJASTHAN Vs. KAMAL KUMAR

JUDGEMENT

(1.) This civil second appeal has been preferred by the appellants-defendants (for brevity 'the defendants') against the judgment and decree dtd. 28/5/2018 passed by the Additional District Judge No.10, Jaipur (for brevity 'the appellate court') in Civil Regular Appeal No.103/2017 whereby, while allowing the appeal preferred by the respondent-plaintiff (for brevity 'the plaintiff'), the judgment and decree dtd. 20/4/2017 passed by the learned Civil Judge (East) Jaipur Metropolitan (for brevity-'the learned trial court') dismissing the civil suit No.92/2003 (199/2000) for permanent injunction, have been revered.

(2.) The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against the defendants stating therein that he was in occupation of the residential house situated in Foos Ka Bangla, Badodiya Basti, Jaipur since the time of his ancestors i.e. for last about 100 years. It was averred that in the survey conducted by the defendants in the year 1971, he was assigned survey No.006287 of the subject property being in its possession. Alleging that the defendants wanted to forcibly dispossess him, the decree as aforesaid was prayed for.

(3.) Defendant No.1 in its written statement submitted that the possession of the plaintiff over the suit property was as encroacher.