LRS OF GOPI Vs. KISHAN LAL

JUDGEMENT

(1.) The instant first appeal has been preferred by the appellant- plaintiffs, being the legal heirs of Gopi, for assailing the judgment cum decree dated 13.03.2018 passed by the learned Additional District Judge No. 2, Bhilwara in Civil Original Suit No. 41/2012, whereby the suit for declaration and permanent injunction filed by the plaintiffs was dismissed.

(2.) Heard and perused the impugned judgment.

(3.) The plaintiffs filed a suit claiming ownership, title and possession on a plot ad-measuring 30 yards X 45 yards in the Village Gadhpachali Amli Tehsil and District Bhilwara. They averred in the plaint that the patta of the plot in question was issued in the name of their relative Kela S/o Bhagu Balai, who died intestate and thus the petitioners being his legal heirs were entitled to stake a claim thereupon. They were in possession over the plot in question since the year 1974. The defendants forcibly took possession of the plot of the plaintiffs on 16.06.2012 and started raising a construction thereupon. The construction material stocked on the plot by the petitioner was stolen. The defendants misbehaved with the plaintiffs No. 2 Smt. Deu for which an FIR was lodged. The plaintiffs relied upon the patta dated 14.12.1974 issued in favour of Kela to buttress the reliefs claimed in the suit.