THE EXECUTIVE ENGINEER Vs. RAM PYARA

JUDGEMENT

(1.) The instant second appeal has been preferred by the appellant against the judgment and decree dated 21. 4. 2000 passed by learned Additional District Judge No. 2, Ganganagar in Appeal (Decree) No. 11/1999 (hereinafter referred to as 'the first appellate court') whereby the appeal filed by the appellantdefendant was dismissed and the judgment and decree dated 3. 3. 1999 passed by learned Civil Judge (Senior Division) Suratgarh, District Sri Ganganagar (hereinafter referred to as 'the trial court') in Civil Suit No. 43/89 was confirmed.

(2.) Brief facts of the case are that the plaintiff deceased Mohan Lal (father of respondents No. 1 and 2 and husband of respondent No. 3) filed a suit for permanent injunction stating therein that he has a plot measuring 825 sq. fts. situated at Bikaner Road which is pattasud land and when he started construction over the said land, the appellant-defendant interrupted in construction, therefore, the late Mohan Lal filed a suit to restrain the appellant-defendants from interfering in the construction work.

(3.) The appellant-defendant filed written statements wherein they denied all the facts of the plaint and it is stated that the land in question was a part of the PWD land and since the construction raised by the plaintiffs was unauthorised, the same was rightly removed. It is also stated that upon the said land, residential houses of IIIrd grade were constructed and for the same lay out plan had been sanctioned by the Deputy Town Planner on 10. 9. 1976. The plaintiffs were never in possession of the said land. Earlier also encroachment was made over the said land by the respondent-plaintiffs, but the same was removed by the competent authority, however, due to holidays on 8. 10. 1989 to 10. 10. 1989, the plaintiff Mohan Lal raised unauthorised occupation which was rightly demolished and prayed to dismiss the suit filed by the respondent-plaintiffs.