PREM SHANKER ASOPA,J. - (1.) Heard learned counsel for the parties.
(2.) By this second appeal, the defendant-appellants have challenged the judgment and decree dated 16th December, 2011 passed by Additional District Judge (Fast Track) No. 1, Beawar, District Ajmer in Civil Regular Appeal No. 6/2009 (5/2001) dismissing the appeal of the defendant appellants and affirmed the judgment and decree dated 22nd May, 2001 passed by Civil Judge (JD) Ist Class, Beawar, District Ajmer in Civil Suit No. 38/82 whereby the suit of the plaintiff-respondents for permanent and mandatory injunction has been decreed.
(3.) Briefly, stated the facts of the case are that initially the plaintiff respondent No. 2 filed a civil suit for permanent injunction with the averments that on 24th February, 1982, residential plot situated in village Kushalpura, Gram Panchayat Bengaliawas ad measuring 60' x 80' was allotted by the Gram Panchayat to plaintiff respondent No. 1 vide proposal dated 18th September, 1981 and subsequent allotment dated 14th October, 1981, therefore, he became the sole owner of the plot and is i possession of the same. It was further stated that the defendant respondent Nos. 1 and 2 are trying to raise construction on the same and took possession of the same by force, therefore, she prayed for an injunction restraining the defendants from raising construction and her forceful dispossession of the said land. It is pertinent to mention here that although the civil suit was filed on behalf of plaintiff respondent No. 1 Mangal Singh also and subsequently by filing affidavit, vide order dated 4th September, 1990 he was allowed to participate in the proceedings. During the pendency of the civil suit when the defendant respondent made construction an application for amendment was filed for inserting paragraph No. 7A and mandatory injunction was also prayed for demolition of the construction before giving the possession and the same was allowed on 13.7.1994.;