SAIDAN Vs. CHHUTTAN KHAN

JUDGEMENT

(1.) The present second appeal has been filed by the appellants/ defendants under Section 100 of the Code of Civil Procedure, 1908 (CPC), assailing the impugned judgment and decree dated 16.03.2022 passed by the learned Additional District and Sessions Judge, Sawai Madhopur, in Civil Appeal No. 07/2020, titled as 'Smt. Saidan and Ors. Vs. Chhuttan Khan and Ors.', whereby the learned Appellate Court dismissed the appeal preferred by the appellants/defendants against the judgment and decree dated 13.12.2019 in Civil Suit No. 06/2012 (34/1994), titled as 'Chhuttan Khan and Anr. Vs. Gafur Khan and Ors., passed by the learned Senior Civil Judge, Sawai Madhopur, whereby the suit filed by the plaintiff/respondent No. 2 - Javed Mohammed has been decreed.

(2.) Brief facts giving rise to the present Second Appeal are that the plaintiff/respondent No. 1 - Chhuttan Khan initially filed a suit for perpetual mandatory injunction regarding Plot No. 13 (34 ft. x 44 ft.) situated at Rajbag Mohalla, Ward No. 7, Sawai Madhopur. During pendency of the said suit, the original plaintiff alienated the suit property vide registered sale deed to one Javed Mohammed, who was impleaded as plaintiff no.2 vide order dated 17.05.2000 on an application filed under Order 1 Rule 10 of CPC. Thereafter, plaintiff/respondent No. 2 - Javed Mohammed pursued the suit as assignee of the original plaintiff - Chhuttan Khan. It was averred by the plaintiff that he is in possession of the suit property and has title over the same. Since the defendants/appellants threatened to take possession of the suit property and encroached upon the public way on the western side of the suit property, the present suit was filed with a prayer that the appellants/defendants may be restrained by permanent injunction from encroaching upon the 11 ft. wide public way and from interfering with the plaintiff's peaceful possession over the suit property.

(3.) The defendants/appellants, who claimed possession over the suit property, filed a written statement, stating that they had filed an application before the Nagar Palika, Sawai Madhopur on 01.10.1983 for regularization of their possession; they denied the allegation of encroaching upon any public way; and accordingly prayed for dismissal of the suit.