- (1.) The appellants are aggrieved by the judgment dated 3.8.2011 passed by the Additional District Judge, Ratangarh, District Churu, whereby the learned Judge has allowed the appeal filed by the respondents, set aside the judgment and decree dated 22.9.2010 passed by the Civil Judge (Jr. Div.) Doongargarh, and has remanded the case back to the learned trial court.
(2.) Brief facts of the case are that the appellant No.1,2 Panchayat Teliya, a group of people of Teliyan Community at Doongargarh, had undertaken the task of uplifting members of their Community. In order to cope with the scarcity of water in the area, the appellant Panchayat collected money from the people of Teliyan caste so as to purchase land for a well from the princely State of Bikaner.
(3.) On 19.9.1947 the State of Bikaner issued a Patta in favour of Panchayat Teliyan for a land measuring 74X20 sq.ft. But after installation of the pipelines by the Water Works department, the community people stopped using the well; they started using the said land for other purposes. In 1986, the respondents tried to encroach upon said land.;