BANWARI LAL Vs. SARITA BISHNOI

JUDGEMENT

(1.) The instant revision petition, instituted under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter to be referred as "CPC"), has been preferred by the petitioner/defendant assailing the judgment and decree dtd. 25/10/2024, passed by the learned Additional District Judge No.2 in Civil Case No. 38/2022. By the said judgment, the learned court below has decreed the suit instituted by the respondents/plaintiffs under Sec. 6 of the Specific Relief Act, 1963 (hereinafter to be referred as "the Act of 1963"), holding them entitled to restoration of possession of the plot in question.

(2.) Briefly stated the facts of the case are that the respondents No. 1 and 2 instituted Civil Suit No. 38/2022 (330/2012) under Sec. 6 of the Act of 1963, alleging that Late Ripudaman Singh, husband of respondent No. 1 and father of respondent No. 2, had purchased land situated in Chak 3E Chhoti, Tehsil and District Sri Ganganagar in 1979, developed it as Bhoop Colony, and retained Plot No. 29 measuring 45x50 feet in his ownership. After his demise, the respondents claimed to have remained in peaceful possession of the said plot, which was allegedly encroached upon by the petitioner and his associates despite an earlier decree in their favour in Civil Suit No. 63/2007. The petitioner, however, contested the claim, asserting ownership on the strength of a Patta issued by the UIT, Sri Ganganagar dtd. 15/7/2006, and denied any act of dispossession. Upon trial, the learned Additional District Judge No.2, by judgment and decree dtd. 25/10/2024, decreed the suit in favour of the respondents, directing the petitioner and co-defendant to hand over possession and restraining them from interference, giving rise to the present revision petition.

(3.) Heard learned counsel appearing on behalf of the parties and gone through the documents annexed with the petition.