LAKHAN Vs. SHIVRAM AND

JUDGEMENT

(1.) The civil second appeal has been filed by the appellants-plaintiffs (for short 'the plaintiffs') against the judgment and decree dtd. 5/3/2011 passed by the Additional District Judge (Fast Track) No.1, Karauli (for short 'the first appellate Court') in regular appeal No.40/2009, whereby the first appellate Court dismissed the appeal filed by the plaintiffs and affirmed the judgment and decree dtd. 5/9/2009 passed by the Civil Judge (Senior Division), Karauli in civil suit No.45/2006(19/2003) by which the plaintiffs' suit has been dismissed.

(2.) Brief facts of the case are that the original plaintiff filed a suit for permanent injunction and declaration of notice dtd. 27/1/2003 as null and void against the respondents-defendants (for short 'the defendants') mentioning therein that a plot admeasuring 10X15 sq. yd. was allotted to the original plaintiff-Lakhan by Panchayat Samiti, Karauli on 17/5/1981 in khasra No. 128 for residential purposes as the land in question was recorded in the revenue record as gair mumkin abadi, in which, the plaintiffs constructed a house. Defendant Nos. 1 and 2 wanted to harass the plaintiffs by using their political power. They further mentioned that at the instance of the defendant Nos. 1 and 2, the defendant No. 3 issued a notice dtd. 27/1/2003 and wanted to evict the plaintiffs from the above plot by mentioning the plaintiffs' construction in the public way. As per the revenue record, there is no way in the said khasra. So, notice issued by defendant No. 3 on 27/1/2003 be declared a null and void.

(3.) Defendants filed the written statement and denied the averments made in the plaint and stated that plaintiffs had encroached upon the public way for which they had no right. They filed counter claim to the effect that construction raised by the plaintiffs be removed.