MEWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred under Section 115, C. P. C. , against the order dated 16. 7. 97 passed by the learned Addl. Civil Judge (JD), Barmer in Civil Original Suit No. 34/95.

(2.) BRIEFLY stated, the facts giving rise to the present petition are that the plaintiff-respondent Dalichand and the defendant-petitioner are residents of Village Dhorimanna in Barmer District and their houses are situated adjacent to each other. The plaintiff- respondent instituted a suit for permanent injunction in the trial court against the defendant-respondent Nos. 1 and 2, initially without impleading the petitioners, with the allegations that the Gram Panchayat was bent upon illegally and unauthorisedly invading and threatening demolition of the disputed construc- tion forming part of the residential house of the plaintiff-respondent on the ground that the same was illegal and unauthorised and was raised on the public land vesting in the Panchayat but, any how, it was further claimed that the land whereon the disputed construction existed, belonged to and was of the ownership of theplaintiff-respondent and hence it was requested that the defendant-respondents be restrained from interfering with the use, occupation and possession of the plaintiff on the disputed land and from demolition of the disputed construction.

(3.) Varnacular Text