BABULAL & ORS Vs. CHAND KANWAR & ORS

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 30.08.2008 passed by Additional District Judge No.3, Jodhpur, whereby, judgment and decree dated 30.05.2007 passed by Additional Civil Judge (Senior Division) No.2, Jodhpur has been upheld.

(2.) The facts in brief may be noticed thus : the respondentsplaintiffs filed a suit for permanent and mandatory injunction before the trial court against the appellants-defendants with the averments that a plot ad measuring 150x160 ft. for storing stone slabs ('XXX') was allotted to plaintiff Smt. Chand Kanwar by the Tehsildar on 25.03.2000; before allotment, the said XXX was in the name of Khiyan Ram and a rent note was executed by the Tehsildar; said Khiyan Ram was dealing in stones prior to 25.03.2000, whereafter, the rights were surrendered and latter on the plot was allotted to the plaintiff No.1; it was alleged that the defendants were interfering in their possession and, therefore, a injunction be issued; the facts about criminal proceedings between the parties were also indicated; ultimately, it was prayed that the defendants be restrained from interfering in the possession and conduct of business at the site and further not to remove the goods (stones) lying at the site.

(3.) The defendants filed their written statement questioning the allotment of the plot to the plaintiffs; it was claimed that Khiyan Ram had already transferred his rights to defendant Gokal Ram on 02.05.2008 and had handed over possession and, therefore, Khiyan Ram could not have surrendered his rights; the averments contained in the plaint regarding the plaintiffs' conducting business at the site were denied and it was claimed that since 1982 the defendants were undertaking business activities; ultimately, it was prayed that the suit be dismissed.