JAGDISH Vs. BADARI

JUDGEMENT

(1.) The present second appeal has been filed on behalf of the plaintiff/appellants under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 10/10/2017 passed by learned Additional District Judge No.2, Hindauncity, District Karauli in regular civil appeal No.34/2012 (29/2008), whereby the learned Appellate Court has dismissed the appeal preferred by the plaintiff/appellants against the judgment and decree dtd. 20/8/2008 passed by the learned Civil Judge (Junior Division) Todabheem in civil suit No.22/2002 titled as "Jagdish and Ors. vs. Badari and Ors.", whereby the learned Trial Court has dismissed the suit filed by the plaintiff/appellants.

(2.) Brief facts giving rise to the second appeal are that on 10/6/2002, the plaintiff/appellants filed a civil suit for permanent injunction in respect of property situated at Gram Mahendipur Balaji, Tehsil Todabheem District Karauli. It was stated by the plaintiff/appellants that they are in possession of the land situated at Gram Mahendipur Balaji, Tehsil Todabheem, District Karauli, having a width of East-West 32 feet and North-South 150 feet. They further submit that the plaintiff/appellants have been in possession of the property from the time of their forefathers and that they had been using the said property without any interference. It is the case of the plaintiff/appellants that they have held long possession over the said property and the defendant/respondents want to dispossess them, whereas the defendant/respondents have no right, title or interest with regard to the said property and, therefore, the defendant/respondents may be restrained from creating any hindrance in the peaceful use and occupation of the suit property by the plaintiff/appellants and further not to dispossess the plaintiff/appellants from the property in dispute and accordingly, prayed for decree of permanent injunction.

(3.) That on 29/7/2002, the defendant/respondents had filed a joint written statement wherein they had denied the averments made in the plaint and they have further submitted that the plaintiff/appellants are not in possession of the land in question. Further the plaintiff/appellants have no right, title or interest in the suit property. They further stated that the suit property is in possession of the defendant/respondents and that the suit property was allotted to defendant/respondent No.1 Badari S/o Geelya by the Gram Panchayat, Sankarwada vide Patta No.2 dtd. 6/10/1981. They further stated that on the said piece of land, they had constructed shops, and they have further stated that with regard to the land of Khasra No.156/186 (Abadi land) measuring 3 bigah 12 biswa, the same is also in possession of the defendant/respondents. They further stated that the plaintiff/appellants are out of possession and want to forcefully take possession of the suit property, whereas the plaintiff/appellants have no right, title or interest in respect of the suit property. Therefore, the plaintiff-appellants are not entitled to seek any injunction. Thus, the suit filed by the plaintiff/appellants may kindly be dismissed with cost.