The court affirmed that the plaintiffs established their title and possession over the disputed land, while the defendants failed to prove their claims of ownership.

JUDGMENT :

1.This civil first appeal has been filed by the defendants-appellants (hereinafter referred as ‘the defendants’) against the judgment and decree dated 10.02.2021 passed by Additional District Judge No. 3, Jaipur Metropolitan-II (hereinafter referred to as ‘the trial Court’), in civil suit No. 3/2019 titled as “Ahsaan Ahamad Ansari & Ors. Vs. State of Rajasthan & Ors.” whereby the trial Court decreed the suit filed by the plaintiffs-respondents (hereinafter referred as ‘the plaintiffs’) for declaration, permanent and mandatory injunction in their favour.

2. Brief facts of the case are that the plaintiffs filed a suit for declaration, permanent and mandatory injunction against the defendants in which it was mentioned that plaintiffs are in possession of residential constructed houses, old constructed well and having electricity connection on their land situated in khasra Nos. 5464, 5465, 5466, 5467, 5468 (old khasra No. 6350), total 5 rakba admeasuring 1.15 hectare i.e. 4 bigha 14 biswa in Dhani Sarai Bawdi on Delhi Bypass Road ahead octroi toll. It was also mentioned that around the aforesaid land, 5 feet height boundary wall was constructed and on the said boundary wall, iron angles were affixed and wire fencing was done. The said residential houses and fodder huts are 55 years old, of which the plaintiffs are in possession and they are using and occupying the same. It was further mentioned that prior to the plaintiffs, their owners and title holders were using the property in question from the year 1960 uninterruptedly. The electricity connection in the land in question was in the name of Shri Ganga Singh, the erstwhile owner and title holder. Vide registered sale deed dated 08.03.1983 the property, as mentioned in para No. 3 of the suit, was sold to 9 persons (Abdul Hafiz, Sardar Khan, Gulam Mohammed, Abdul Rashid, Bundu Khan, Mohammed Shami, Allauddin, Nijamuddin and Abdul Latif) and actual physical possession of the sold land and attached movable and immovable property was handed over to them.

3. The plaintiffs also mentioned in their suit that outside the boundary wall in the Northern side, the land of Julfikar Ahmad is situated in which constables of Police Station Amer and R.A.C., 5^th Batallion, used to do physical exercises but since there was no facility of water and tin-shed etc., they used to come in the plaintiffs’ land for the purpose of potable water. In September, 2006, police personnel insisted for laying down permanent line for carrying out the water from plaintiffs’ water boring and to allow them to stay there for the purpose of resting in residential houses which was denied by the plaintiffs, whereupon the police officers threatened the aforesaid purchasers to vacate the suit property, failing which the houses, well and fodder huts were said to be demolished. On that basis, aforesaid 9 purchasers appointed Anwar Ahmad as their Power of Attorney holder, and filed a civil suit for permanent injunction in relation to the disputed land against police department and ors. on 14.09.2006. The trial Court passed interim order in favour of the plaintiffs and restrained the defendants to evict the plaintiffs and to cause any interference in the use and occupation of the land in question. Despite that, the officials of the defendants demolished 25-30 meter long wall from East to West in the plaintiffs’ land and while making a way dropped some garbage, old vehicles etc. in the disputed land from Julfikar’s land. They continued to use unauthorized way for ingress and egress purposes in the disputed land and encroached upon the same. During the pendency of the suit, all the 9 purchasers as per the registered sale deed dated 08.03.1983, executed 9 different Hiba deeds in favour of Anwar Ahmed and handed over the possession of entire 4 bigha and 14 biswa disputed land and all movable and immovable property attest therewith. Since, then Anwar Ahmed is using and occupying the disputed land/properties. In the year 2015,