RAM NIWAS Vs. BHALA RAM AND ANR.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 14.09.2007 (Annex.7) as passed by the Civil Judge (Junior Division), Bar, District Pali in Civil Original Suit No. 35/2005 refusing the prayer for amendment of the plaint as made by the plaintiff -petitioner.

(2.) THE plaintiff -petitioner has filed the suit aforesaid on 18.08.2004 for mandatory and perpetual injunction against the defendant -respondent No. 1 with the submissions that in the abadi area of village Balunda is situated a plot of land of his ownership and possession, as described in paragraphs 1 and 2 of the plaint and as shown in the plan annexed to the plaint. The petitioner has alleged that the patta of the said plot of land was issued by Gram Panchayat, Balunda on 30.12.1973 in the name of his brother Ramanuj who, in turn, executed a release deed in his favour and handed over possession; and since then, he has been in possession of the land as the owner. The plaintiff has alleged cause of action for the present suit having arisen on 22.07.2004 and 26.07.2004 when the defendant removed his stone -slabs from the land in question, on 13.08.2004 when the defendant and his family members took away the Babool tree from the land in question, and on 14.08.2004 when the defendant forcibly made a kuchcha construction on the land in question and threatened to dispossess him. The plaintiff has prayed for the relief of injunction to restrain the defendant from interfering with his use of the land in question; for removal of the kuchcha structure placed by the defendant and for removal of any other construction, if raised by the defendant during the pendency of the suit; and for restoration of possession if the plaintiff be dispossessed during the pendency of the suit. It may be pointed out that the plaintiff has also averred in paragraph 4 of the plaint (Annex.1) that there was a dispute between himself and Gram Panchayat in Civil Suit No. 57/1999 that was decided by the Trial Court on 20.12.2001 and the appeal taken by him to the Court of Additional District Judge, Sojat Camp Jaitaran was decided on 19.08.2002; and, according to the plaintiff, in the related Miscellaneous Case No. 74/1999, the present defendant did file an affidavit in his favour.

(3.) IT appears that after framing of the issues in this suit on 25.05.2007, the examination -in -chief of the plaintiff as PW -1 commenced on 21.07.2007 (Annex. 4) wherein the plaintiff petitioner stated that the patta of the land in question was issued in the name of his brother Ramanuj. However, an objection was raised by the defendant when the said patta was sought to be exhibited in evidence, and the statements of the plaintiff -petitioner were deferred.