JAGDISH RAM Vs. MANGAT RAM

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 07.07.2014 passed by the trial court, whereby the application filed by the respondent under Section 151 CPC has been accepted by the trial court and the petitioner has been directed to hand over possession of the suit plot to the respondent within 15 days and on failure, the SHO, Police Station -Kesrisinghpur has been directed to ensure that the possession is handed over to the respondent.

(2.) THE facts in brief may be noticed thus: the respondent Mangat Ram filed a suit on 29.08.2013 for permanent injunction regarding the plot of land admeasuring 35 feet X 40 feet situated at 6 V Dhannur, Tehsil -Srikaranpur claiming that the said plot was allotted to him on 05.04.2006 free of cost and Patta in this regard was issued by Sarpanch of Gram Panchayat 6 V Dhannur; the boundary and the neighbourhood of the plot in question was also indicated. It was claimed that the plaintiff was in possession of the plot; the defendant Jagdish Ram was attempting to take forcible possession of the plot and in case he succeeds, the same would result in irreparable injury to the plaintiff and, therefore, the suit seeking permanent injunction was being filed. It was prayed that permanent injunction restraining the defendant from taking forcible possession of the plot be passed.

(3.) WHEREAFTER , the petitioner filed application on 31.08.2013 under Order XXXIX, Rule 7 CPC, inter alia, claiming that Patta for the suit plot was issued to Surjan Singh S/o. Gurdev Singh, which was sold by Surjan Singh to the defendant, wherein the applicant had constructed a permanent kotha and boundary wall and the same was in his possession and also gave out the neighbours. It was alleged that plaintiff based on a forged and concocted Patta has filed the suit and got Commissioner appointed and a wrong report has been produced; the situation at the plot has changed and for the purpose of getting correct report, Commissioner be appointed. The court appointed the same advocate as Commissioner, who gave report dated 30.08.2013, who gave another report dated 04.09.2013 and indicated that on the eastern side of the plot, a wall of bricks without any binding agent has been constructed, similarly on the northern side 1/2 feet high brick wall without binding agent is existing, on southern side about 40 feet long and 5 feet high wall has been constructed and on the western side near the wall of Ramlal, a small room admeasuring 6 X 7 feet and 5 1/2 feet height has been constructed and a coat was lying therein.