SUSHILA Vs. DHANANJAY SINGH AND OTEHRS

JUDGEMENT

(1.) Unsuccessful to defend a suit for perpetual injunction of the respondent-plaintiffs, and failures in her attempt to secure favourable verdict from appellate Court, has prompted the appellant-defendant to prefer the instant second appeal. The facts apposite for the purpose of this appeal are that respondent-plaintiffs instituted a civil suit for perpetual injunction against appellant before Civil Judge (Jr.Div.) Banswara (for short, 'learned trial Court') for restraining her from encroaching on urban land admeasuring 66+46/2 x 100 ft with total area of 5600 sqft situated at Shyampura-C, Banswara.

(2.) As per the averments in the plaint, the land in question is jointly owned by both the respondent-plaintiffs as title thereof is acquired by them through a registered sale-deed dated 16th of June 2007, executed by their predecessor-in-title Lalji S/o Devaji. It is also pleaded in the plaint that earlier land in question was part of agricultural land of Khasra No.114/2/1 & 114/2/2 Shyampura-C, Banswara, and subsequently it was converted into urban land. It is further pleaded in the plaint that appellantdefendant has clearly instructed masons to construct a boundary wall on her adjacent plot by encroaching upon the land jointly owned by them. As per version of the respondent-plaintiffs, appellant-defendant has no right to encroach over the land owned by them and further she is not entitled to raise any construction over it. With these facts, respondents have prayed for grant of perpetual injunction against the appellant not to encroach over the land owned by them and further not to raise any construction over it.

(3.) The suit filed by respondents was contested by appellant by filing written statement. In the written statement, appellant refuted all the averments.