PUNA RAM Vs. KHIVRAJ

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 19.3.2008 passed by the Civil Judge (Jr.Div.), Sojat, District Pali and the appellate judgment and decree dated 27.9.2008 passed by the Additional District Judge, Sojat, District Pali, whereby the suit filed by respondent - Khivraj seeking permanent injunction has been decreed and the appeal filed by the appellant has been rejected.

(2.) The facts in brief may be noticed thus : the respondentdefendant filed a suit for permanent injunction inter-alia with the averments that he owns a plot of land for which a patta has been issued by the Gram Panchayat, on the Western side of his house a chowk is situated and house of the appellant-defendant was situated on the Southern side. The defendant with a view to trespass on the chowk and public way started digging foundation and had collected construction material and when he was told not to do so, he started quarreling and stated that he has obtained permission from the Gram Panchayat, it was inter-alia alleged that the permission has been granted by the Gram Panchayat illegally and it had no right as raising of construction would result in reducing the size of the chowk and the exit from his house would also get blocked, injunction was sought against the plaintiff not to raise any construction.

(3.) A written statement was filed by the appellant and it was denied that there was any public chowk and it was claimed that the land belongs to the Gram Panchayat. The averments relating to trespass were denied, it was claimed that he was in possession of the said land from 30 years and when he sought permission for construction, the same was granted by the Gram Panchayat.