IMPORTANT POINT
Powers under Section 151 CPC cannot be exercised beyond pleadings of parties.

JUDGMENT

Goverdhan Bardhar, J.—Since both the second appeals arise out of common judgments and decrees passed by the Courts below, hence same are being decided by a common Judgment.

2. The plaintiffs appellants by filing second Appeal No.64/2019 have challenged the impugned judgment and decree dated 08.01.2019 passed by the Court of Additional District Judge No.1 Bundi (Raj.) [for short ‘the First Appellate Court’] in civil Appeal No. 02/2011 (CIS No. 59/2014) whereby the first appellate court dismissed the appeal filed by the plaintiffs appellants and partly maintained the judgment and decree dated 20.11.2006 passed by the Court of Additional Civil Judge (Jr. Division) No. 2, Bundi [for short ‘the trial Court’] in Civil Suit No. 21/2000 (19/1989) and quashed the judgment and decree passed by the trial court qua issue No.2(a).

3. By filing Civil Second Appeal No. 143/2019 the plaintiffs appellants have challenged the judgment and decree dated 08.01.2019 passed by the Court of Additional District Judge No. 1, Bundi (Raj.) [for short ‘the First Appellate Court’] in Civil Appeal No. 02/2011 (CIS No. 59/2014) whereby the First Appellate Court while allowing the cross appeal No. 30/2001 filed by the respondent No. 5 against the judgment & decree dated 20.11.2006 passed by the Court of Additional Civil Judge (Jr. Division) No.2, Bundi with regard to issue No. 2(a) and 6 directed the present appellants to handover the possession of the plot within a period of one month and also to make payment of Rs. 2,000/- as compensation to the defendant No.5.

4. Facts of the case in nutshell are that the plaintiff filed a civil suit on 04.02.1989 before the Additional Civil Judge No. 2 which was registered at No. 21/2000 (19/1989) against the defendants No.1 to 4-RIICO and defendant No.5- Mr. Narendra Gupta for declaration as well as permanent and mandatory injunction with the averments that he was allotted a plot bearing No. 26 by the RIICO on 08.07.1975 in Industrial Area, Bypass Road, Bundi ad-measuring 2975.6 sq. meters; the lease deed was executed by the RIICO in his favour on 27.09.1975 and the possession of the said plot was taken by him on 29.09.1975. After the allotment of the said plot, he carried out construction on the plot and started the mechanical work on it. The plaintiff built a tin shed over the said plot and the other tools of the plaintiff were also lying on the said plot for the purpose of carrying out the mechanical work. The cause of action for the present suit arose when defendant No. 5 Narendra Gupta came to the plot of the plaintiff and started interfering with the possession of the plaintiff on the basis that the said plot had been allotted to the defendant No.5. The plaintiff further averred in the suit that the plot No. 26 was never cancelled by the RIICO nor any show cause notice for cancellation of the said plot was given to him by the RIICO and that RIICO never took possession of the said plot from him. Therefore, the defendant No.5 had no right to interfere the plaintiff from carrying out the work over the said plot. Accordingly, the plaintiff sought a declaration to declare him as the leaseholder of the said plot No. 26 and in case the defendant Nos. 1 to 4 have cancelled the allotment then the same may be set aside and any allotment made in favour of the defendant No.5 may also be set aside.

5. Defendants-respondents No.1 to 4 did not file any written statement of denial. However, the defendant No.5 filed written statement of denial alleging therein that the allotment of the plot made in favour of the plaintiff was cancelled by the RIICO in the year 1979 as the plaintiff allegedly could not fulfill the terms and conditions of the lease. After the cancellation of the said plot, the same was allotted to the defendant No.5 by the RIICO on 20.12.1988 and the possession of the said plot was stated to be with the defendant No.5. The defendant No.5 further alleged that the plaintiff constructed a small room just before