Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8881 of 2018 Petitioner :- Panaruram Respondent :- Sadhan Sahkari Samiti And 02 Others Counsel for Petitioner :- Ashwini Kumar Srivastava,Manish Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The issue being raised herein is subject matter of Original Suit No.608 of 1998 (Panaruram Vs. Sadhan Sahkari Samiti & others), which can be established by the plaintiff after leading his evidence. The revisional court has categorically recorded that the defendant no.1 has got an allotment of Banzar land in Arazi No.193/10 area 10 decimal by the resolution of the Gram Sabha. Now the plaintiff is trying to encroach upon the said land by filing the suit for injunction. The plaintiff has to establish his case by filing cogent evidence.
In view of the said finding, the conclusion drawn by the courts below in not permitting for survey commission of the plot in question need no interference. However, it is open for the petitioner/plaintiff to establish his case that the suit property is part of plot no.193/12 area 12 decimal, owned by him.
Dismissed as such.
Order Date :- 29.11.2018 Himanshu