SARDAR SINGH Vs. SHRIRAM

JUDGEMENT

(1.) THIS is a second appeal under sec. 224, Rajasthan Tenancy Act. Appellants filed a suit under sec. 188, Rajasthan Tenancy Act in the court of S. D. O. , Dholpur with respect to field No. 1066 measuring 2 bighas and 6 biswas of village Sewar Pali, Tehsil Badi. Appellants pleaded that this field was a part of old field number 775 measuring 5 bighas, that they are in cultivatory possession of this land since 4-3-63 when this portion was separated from the original khasra number during the settlement operations and a parcha was issued in their favour. Apprehending interference by the defendants respondent in the peaceful enjoyment of the land in dispute, the plaintiffs prayed for a decree permanently restraining the respondents from interfering with their possession.

(2.) THE respondents claimed to be in cultivatory possession of lands in dispute and denied the appellants right to seek an injunction. Four issues were framed and after considering the evidence brought by the two parties on record, the court of first instance decreed appellants suit.