KALULAL Vs. SHRI MANNALAL

JUDGEMENT

(1.) The legal representatives of Shri Kishan original plaintiff have filed this appeal against the appellate decree dated August 20, 1974 of the Additional District Judge, Udaipur, affirming the judgment and decree of the Civil Judge, Udaipur, dated 12-4-67 passed in Civil Suit No. 80/1964.

(2.) There is some property known as 'Talia' in Mouza Fatehnagar Tehsil Mavli. This property has been shown in the map Ex. 2 attached to the plaint. Shri Kishan plaintiff alleged that the property shown in pink colour towards the south of the 'Talia' had been constructed by him and a portion of the 'Talia' towards the north shown bounded by dotted red lines is lying vacant. But according to him the foundation in that part of the land has been dug and filled up to the plinth level. The land thus shown within red dotted lines, is the land in question. It measures approximately East-West 52' and 30' North-South. The plaintiff stated that he is the owner of the entire land and has been in possession since Samvat year 2003. It has been alleged that on 15-7-74 the defendants have trespassed on the suit land by force in the supposed claim that the suit land was allotted to them by Allotment Committee, Fatehnagar. The plaintiff further alleged that this was an encroachment on the part of the defendants. The Allotment Committee Fatehnagar had no right to allot the said land to them and no compensation was ever paid to the plaintiff of the said land. He accordingly prayed for the removal of the encroachment and for possession of the suit land. This suit was instituted on 21-7-1964.

(3.) The defendants, namely, Mannalal, Lalchand, and Sunderlal sons of Nathu Lal, Kanhaiyalal son of Hamirmalji and Fatehlal sons of Lal Chand, by a joint written statement dated 20-9-1964, resisted the suit. They denied the ownership of the plaintiff of the suit land. It was also pleaded that some of the land was acquired and in exchange of the same the Land Acquisition Officer, Udaipur, gave plot No. 10-A to Poonam Chand, Nathulal and Kanhaiya Lal, who were real brothers. Poonam Chand and Nathulal having died, one-third share of the plot No. 10-A belonged to the sons of Poonam Chand, the other one-third has gone to the sons of Nathulal, who are defendants Nos. 1. 2 and 3 and the remaining one-third of the land is that of defendant No. 4 Kanhaiya Lal. By way of compensation, it was alleged, a sum of Rupees 1,500 was paid by these allottees. In pursuance of this allotment the defendants are said to be in possession of the land in question. They prayed for the dismissal of the suit.