BHIMA RAM Vs. ACHLA RAM

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against the appellate judgment and decree dated 15.03.2007 passed by District Judge, Sirohi ('the appellate court'), whereby, the judgment and decree dated 21.05.2005 passed by Civil Judge (Junior Division), Revdar, District ­ Sirohi has been reversed and the suit filed by the respondents ­ plaintiffs was decreed.

(2.) THE facts in brief may be noticed thus: the plaintiffs ­ Achla Ram, Babu Lal and Arjun Ram filed a suit for permanent and mandatory injunction against the Gram Panchayat, Bhatana and Bhima Ram, inter alia, with the averments that a plot of land, boundaries whereof were indicated in para ­ 1 of the plaint, was of their possession, use & ownership alongwith a house therein. On the southern -eastern corner, the house of Bhima Ram was situated on the eastern side, the door of the plaintiffs' house opens on the eastern side, which road is 30 feet wide and 80 feet long and is quite old. The defendant No.2 Bhima Ram has dug foundation on the said road measuring 17.9 feet X 2 feet and has obstructed the way and has created nuisance, further construction material has been placed therein for which he has no legal right; the activity has been undertaken with the connivance of the Gram Panchayat and, as such, prayed for permanent and mandatory injunction.

(3.) DEFENDANT No.2 Bhima Ram also filed his written statement disputing the averments made in the plaint. It was claimed that the disputed area was of a old possession for over 50 years and he has dug foundation after leaving the public way, the plaintiffs have wrongly opened the door on the eastern side.