HIMMAT SINGH Vs. BHAGWANA RAM

JUDGEMENT

(1.) Bounded by main road and Bal Niketan on its front side, back of Reserve Police Lines on the other, Ratanda area on its one corner and the main Road and Circuit House. Jodhpur on the other, there lies a sufficiently big area of land which it appears, belonged to former ruler of the erstwhile princely State of Jodhpur named Maharaja Ajit Singh and which has now been named after him as Ajit Colony. This big area of land was an open land. It appears that in and after the years 1974 or so, non-petitioners started their trade of cutting cattle-fodder brought to their 'tals' and selling them on commission basis on different portions of this land. Non-petitioners 1 and 5 have deposed that they had taken land of their 'tals' on rent. Process of colonisation over this land seems to have started from the year 1980 or so. Residential plots had been carved out on this land as appears from the two plans produced by the petitioners which are at page A3/15 and A3/24 of the case file of the Court of City Magistrate, Jodhpur. Plan at page A3/15 reveals that about 300 residential plots had been carved out. It might be that Maharaja Ajit Singh had been, or was disposing of these plots to various persons. Near about 200 residential houses have already been constructed and the colony named Ajit colony very much appears to have become a residential colony.

(2.) As already stated 'tals' of fodder run by non-petitioners still occupy sufficient area of the land. Fodder is brought during the night or in the early hours of the morning to these 'tals' in trucks and trucks are unloaded in the morning and fodder is cut in small pieces by the non-petitioners to make it a cattle-feed by electric operated machines attached to the rear of the tractors. This is going on since 1974 and thereafter.

(3.) Four applicants before City Magistrate, Jodhpur in their joint application under S. 133, Cr. P.C. were Himmat Singh, Mishri Mal, Peer Singh and Gulab Singh who respectively own plots Nos. 92,64 B and 56 B in Ajit colony except that Mishri Mal is tenant in house on Plot No. 58 owned by Jawahar Lal Jain. Initially Bhagwan Ram, Ram Chander, Chotu Ram, Chawar Chand and Mool Chand Tal holders' were non applicants before the City Magistrate, Jodhpur to which Ganga Ram, Tara Chand, and Bhanu Ram were further added as non-applicants by Himmat Singh and others.