RAM NIWAS Vs. SHIKSHA PRASAR SAMITI RATANGARH

JUDGEMENT

(1.) THIS is a defendants' second appeal arising out of a suit fot issue of perpetual injunction against the defendants from interfering with the plaintiffs' possession over a Nohara' situated in the town of Ratangarh.

(2.) THE plaintiff -respondent No. 1 is a society called Shiksha Prasar Samiti formed in Ratangarh for the purpose of promoting education in the town. The other plaintiffs are its office bearers. The plaintiffs' case is that the 'Nohara' in dispute was gifted to the Society by one Smt. Jamna Devi, and the defendant no Ramniwas had been asked to look after the 'Nohara' on behalf of the plaintiff as he has been doing so previously as a servant of the donor Smt Jamna Devi. The other defendants are his brothers. Defendant Ramniwas has got his house very near to the 'Nohara, in dispute, and the plaintiffs' case is that for the sake of convenience he was allowed to connect the 'Nohara' with his house by a passage. It was alleged that the defendants were denying the plaintiffs, ownership to the 'Nohara' and were further interfering with the Society's possession over it. It was, therefore' prayed that the defendants may be restrained by a perpetual injunction from interfering with the plaintiffs' possession over the 'Nohara' and the passage connecting the 'Nohara' with the defendant Ramniwas's house may be ordered to be closed.

(3.) AFTER recording the evidence produced by the parties the learned Munsiff, Ratangarh decreed the Plaintiffs' suit. Aggrieved by the judgment, and decree by the trial court the defendants filed appeal which was dismissed by the Additional District Judge, Churu by his judgment dated 20.5.1971. Hence this appeal.