GORDHAN LAL Vs. MURTAJ & ANR

JUDGEMENT

(1.) The present second appeal has been filed by the appellant-plaintiff challenging the judgment and decree dated 23/07/2011 passed by Additional District Judge, Aklera, District Jhalawar (hereinafter referred to as 'the appellate Court') in civil regular first appeal No. 2/11 whereby, the appellate Court has dismissed the appeal and confirmed the Judgment and decree dated 25/05/2011 passed by the Civil Judge (Junior Division) Aklera, District Jhalawar (hereinafter referred to as 'the trial Court') in civil suit No. 34/01.

(2.) Briefly stated, the facts giving rise to the present appeal are that the appellant-plaintiff filed a suit seeking mandatory and permanent injunction against the respondents-defendants in respect of the land described in para 1 of the plaint.

(3.) The plaintiff alleged in the plaint that he purchased Ara Machine from one Shri Gulam Abbas Ali along with the machine, a vacant land measuring 55 feet x 100 feet was taken on rent on 06/09/1974. The plaintiff-appellant is using the said land for storage of woods and for the purpose of cutting the same. The respondents-defendants encroached upon the land and put their goods, drums sheets etc and closed the way. In the suit it was prayed that the defendants be directed to remove the goods, drums sheets etc. The respondents-defendants resisted the suit by filing written statement denying the allegation made in the plaint and further contending, inter alia, that only Ara Machine was sold and land in question was not let out. It is stated that the land in question was exchanged with Ismail 18-20 years ago and the disputed land belongs to the defendants-respondents. The defendants-respondents are running workshop of manufacturing of boxes.