Possession of property
Respected sir my case detail is as below
Please tell me how I can take possession of my property.
JUDGMENT:-
Suit has been filed by the plaintiff that he is ownerin-possession of the land having Khewat No. 256 min/239,
Khatauni No. 302 min/286, Khasra Nos. 8 & 10, measuring 0-04-
74 hectares, in Muhal Sulpur/462, Tehsil Baldwara, Distt. Mandi,
H. P.(hereinafter to be referred as “the suit land”). The
defendants have nothing to do with the same. They, without any right, title or interest, started interference on the suit land by
cutting/removing the trees & grass and digging the suit land.
The defendants also stored bricks, cattle dung & fuel woods etc.
The plaintiff requested the defendants to desist, but in vain.
Even the plaintiff filed a complaint with the police at Police Post,
Hatli, which also asked the defendants to desist, but the
defendants did not desist. The plaintiff was beaten by the
defendants, for which, defendants have been facing trial in Court
at Sarkaghat. Prayer has been made to pass a decree for
permanent prohibitory injunction restraining the defendants
accordingly.
2.
In the present case, defendants were duly served.
They did not appear in Court. They were proceeded ex parte.
3.
Ex part evidence was led by the plaintiff. PW-1 is
Chiragdeen i. e. plaintiff, who has stated in his examination-inchief what was stated in the plaint. He has placed on record the
copy of Jamabandis Exts. PW-1/A & PW-1/B.
4.
Ext. PW-1/A is copy of Jamabandi showing the
ownership & possession of the plaintiff. Another copy of
Jamabandi Ext. PW-1/B is also there, in which, plaintiff has been
shown as owner-in-possession. Exts. PW-1/C & PW-1/D are
photographs showing that the defendants have been stacking
the waste material, cattle dung etc. on the suit land, and they are
also digging the suit land. Evidence led by the plaintiff is unrebutted.
5.
In view of the aforesaid position, suit of the plaintiff
is decreed restraining the defendants from causing any type of
interference, digging the suit land, storing bricks, cattle dung &
fuel woods etc. on the suit land. Decree for mandatory injunction
is also passed for removal of anything stacked on the suit land
by the defendants i. e. the land having Khewat No. 256
min/239, Khatauni No. 302 min/286, Khasra Nos. 8 & 10,
measuring 0-04-74 hectares, in Muhal Sulpur/462, Tehsil
Baldwara, Distt. Mandi, H. P. Decree sheet be drawn
accordingly. File after its due completion be consigned to the
record room.
Announced in the open Court today this 3rd day of
August, 2017
Senior Civil Judge,