MALURAM Vs. LRS OF LATE SMT. JETHI

JUDGEMENT

(1.) This second appeal under Section 100 C.P.C. is directed against the judgment and decree dated 14.11.2006 passed by the Civil Judge (Jr. Div.), No. 1, Sujangarh, District Churu and the appellate judgment and decree dated 15.2.2014 passed by the Additional District Judge, Sujangarh, District Churn, whereby the suit filed by the respondent-plaintiff seeking permanent injunction has been decreed and the appeal filed by the appellant has been dismissed by the First Appellate Court.

(2.) The facts in brief may be noticed thus : the plaintiff filed a suit for permanent and mandatory injunction against the defendant, inter-alia, with the averments that at Village Tehandesar, Tehsil Sujangarh, District Churu for public Guwad ('way'), the plaintiff purchased the land from Gram Panchayat by Patta file No. 98 of 1985 ad measuring about 3642 Yards. The patta was issued by the Gram Panchayat through Kishna Ram. The land of open chowk and way was sought to be trespassed by the defendant, which is necessary to be stopped and his possession needs to be removed. The defendant was requested several times to remove the obstruction, however, he is bent upon trespassing on the land and raised permanent construction. It was claimed that the way would be reduced on account of such trespass and therefore, the defendant be restrained from trespassing the land and to remove the existing obstruction.

(3.) A written statement was filed by the defendant, who denied the purchase of land and claimed that the sale of land for public way was illegal. The land was in his possession for over 50 years, neither he has trespassed on the land nor the way has been narrowed and presently also sufficient space is available. It was claimed that the land in question is comprised in Khasara No. 249 admeasuring 1 Bigha 16 Biswa, which was of the khatedari of Mohan Ram and continuous to be in his khatedari, the Court does not have jurisdiction and the plaintiff cannot bring the suit in his own name.