MAHENDRA AND ORS. Vs. DEVA RAM

JUDGEMENT

(1.) The present first appeal gives rise to a peculiar situation whereby, the defendants -appellants, who claimed to have been put in possession by the then, Collector, District Barmer on account of their own land being deluged with the floods and rains in the year 1978 -79 in the District of Barmer.

(2.) In the present suit (No. 14/1981 "Deva Ram Chela Rajaram Maharaj, resident of Shikarpura, Jodhpur through Power of Attorney Holder - Madroop Ram S/o Viram Ram v/s. Bhuriya S/o Dharma & Ors.), the plaintiff -Deva Ram claimed the said land belong to him and reclaimed his possession. The suit was decreed by the learned Trial Court in favour of the plaintiff on 20.04.1985.

(3.) In the present suit, 16 defendants were arrayed as the persons in such unauthorised possession over the land of 33800 square feet, whereas the present appeal was originally filed only by five defendants, namely, the Defendant No. 8 -Mahendra S/o Ram Niwas, Defendant No. 10 -Teja Ram S/o Shivnath Ram, Defendant No. 11 -Ravia S/o Vega, Defendant No. 12 -Mada S/o Vaga and Defendant No. 15 -Kachba S/o Lakha.