MOHAN LAL Vs. MOHABATA RAM

JUDGEMENT

(1.) This writ petition is directed against order dated 09.06.2008 passed by the District Judge, Bikaner, in Civil Appeal Order No. 60/2008, whereby the appeal preferred by the petitioner -plaintiff against an order dated 31.05.2008 passed by the Civil Judge (S.D.) No. 1, Bikaner, rejecting the application under Order XXXIX Rule 1 & 2 preferred by him, has been affirmed.

(2.) The plaintiff -petitioner preferred a suit against the defendant -respondent seeking permanent and mandatory injunction to the effect that he may not be dispossessed from the land in question and in case, he is dispossessed, then, the defendant -respondent may be directed to hand over the possession of the land to the plaintiff -petitioner.

(3.) The plaintiff -petitioner claimed to be in possession of the land situated at Sangalpura District Bikaner, which stands regularised in his favour by the Urban Improvement Trust (in short 'UIT" hereinafter), Bikaner. It is submitted that tbzpatta of the land has been issued in his favour by the UIT on 12.03.2003. Besides, the plaintiff -petitioner claims possession over yet another piece of the land adjoining to the land, which already stands regularised in his favour, as aforesaid. It is submitted that he has already preferred an application for regularisation of his possession over the aforesaid adjoining land is well and the requisite regularisation charges have also been deposited. It is further submitted that there exists a plot adjoining to the plaintiffs plot, which belongs to his maternal uncle, who intend to encroach upon the land for which the plaintiff -petitioner has already applied for regularisation.