SUBHASH CHANDRA Vs. PUSHPA DEVI

JUDGEMENT

(1.) This writ petition under Article 226 read with Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court are that the plaintiffs-petitioners filed a suit for possession under the Specific Relief Act on 29/10/2011 on account of the claim that the defendant had illegally encroached upon the property in question on 21/10/2011. In the said suit, it was claimed that Araji No. 2502, Rakba 1, 1 Bigha 1 Biswa was situated in Bhilwara, and Renu Devi, who was the widow of Devilal Jat, and was khatedar, had transferred the said land to one Ghisulal. The said Ghisulal carved out 18 plots, out of which one plot bearing No. 15 measuring 25 x 40 ft. was sold to Jaan Kanwar, and Jaan Kanwar thereafter sold the same to the present plaintiffs/petitioners.

(3.) The plaintiffs-petitioners further claimed that on 8/2/2002, the plot in question was regularized by the UIT, while giving Plot No. 44 in place of the old Plot No. 15. In the suit, it was also claimed by the plaintiffs-petitioners that Plot No. 16, as carved out by Ghisulal, was transferred to Shakuntala Devi, and Shakuntala Devi had transferred it to one Neetu Devi, and while making regularization, a new Plot No. 43 instead Plot No. 16, was given by the UIT. Neetu Devi then sold the said plot to one Jagdish Kumar.