HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 84/2016

1.

Aam Janta Ralawas, Koliyan Basti, Village Ralawas, Tehsil

Lalsot, Distt. Dausa, Through:-

Harlal S/o Deva Ram (Deceased) through LRs.

1/1. Mst. Narbada Devi, widow of late Harlal, aged 70

years

1/2. Ramjilal S/o late Harlal, aged 55 years

1/3. Kalyan S/o late Harlal, aged 50 years

1/4. Pappu son of late Harlal, aged 35 years

1/5. Ghanshyam son of late Harlal, aged 30 years

1/6. Rampati d/o late Harlal, wife of Puran,

1/7. Jyana Devi d/o late Harlal, wife of Kalu

1/8. Munni Devi d/o late Harlal, wife of Kailash

2.

Ramesh S/o Deva Ram

3.

Teja S/o Kalu Ram

4.

Ramniwas S/o Govinda

5.

Mool Chand S/o Dalu @ Laxman

6.

Ramlal S/o Gyarsa

7.

Hajari S/o Gyarsa

8.

Nanga S/o Laxman

9.

Lallu S/o Bharya

10.

Ganga Ram S/o Deva Ram

11.

Kailash S/o Mool Chand

12.

Kishore S/o Ram Chandra

13.

Pooni Ram S/o Ramdev

14.

Panchu S/o Kesra

15.

Gendya S/o Seva Ram

16.

Sharavan S/o Tarachand

17.

Shambhu Lal S/o Kesra

18.

Babu Lal S/o Kesra

19.

Kanhaiya Lal S/o Kesra

20.

Gulab Wd/o Kesra

21.

Phailiram S/o Narayan

(2 of 5)

[CSA-84/2016]

R/o Village Ralawas Koliyan Basti, Ralawas, Tehsil

Ramgarh Pachwara, Distt. Dausa

----Appellants-Plaintiffs

Versus

1.

Ramphool S/o Narayan

2.

Kajod S/o Narayan

3.

Ramkaran S/o Narayan

4.

Kajod S/o Ganga Ram

5.

Ghanshyam S/o Buddha Ram

6.

Jansi S/o Bhoma

R/o Ralawas, Teh. Ramgarh Pachwara, Distt. Dausa

----Respondents-Defendants

For Appellant(s)

:

Mr. Ravindra Paliwal, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

14/02/2022

This Civil Second Appeal under Section 100 CPC has

been filed by the appellants-plaintiffs (for short, 'the plaintiffs')

against the judgment and decree dated 23.12.2015 passed by

Addl. District Judge, Lalsot, Distt. Dausa (for short, 'the first

appellate court') in Civil Regular Appeal No. 11/2015, whereby the

first appellate court dismissed the appeal and affirmed the

judgment and decree dated 7.8.2015 passed by Civil Judge,

Lalsot, Distt. Dausa (for short, 'the trial court') in Civil Suit No.

21/2009 dismissing the plaintiffs' suit for permanent injunction.

Facts of the case are that the plaintiffs filed a suit for

permanent injunction against the respondents-defendants (for

short, 'the defendants'), where it was averred that the plaintiffs

and their forefathers were residing on the land of khasra no. 297

(3 of 5)

[CSA-84/2016]

situated in village Ralawas alongwith their families. Thereafter the

plaintiffs and other persons were allotted free residential plots and each

was issued patta of 150 sq. yards by Gram Panchayat, Salempura on

behalf of the State Government. The plaintiffs got constructed the

houses on the aforesaid plots and some persons put "chhapar posh" and

continued to reside with their family members and cattle. The said plots

are adjoining the boundaries of village Deedwana. However, on

13.3.2009, the defendants forcibly started to dig the plinth of the place

marked X in the map annexed with the plaint, adjacent to the

boundaries of village Deedwana leading towards Aam Sadak of the suit

property.

The defendants filed their written statement, wherein it was

pleaded that in village Ralawas, no basti exists in the name of Nai Basti

Mahawar Samaj, although some houses of Koli Samaj have been

constructed. The defendants are having semi-constructed house in

khasra no. 297. The plot, which is in the ownership and possession of

the defendants, is situated in village Ralawas, the measurement of

which is 30 Ft. X 45 Ft. and the total area of which is 150 Sq. yards.

The defendants purchased the plot from its erstwhile owner Gopal Luhar

through registered sale deed dated 1.9.2007 and since then they are in

possession of the said plot and using the same.

On the basis of pleadings of the parties, necessary issues

were fra