Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) A suit for permanent, prohibitory and mandatory injunction was filed by the plaintiffs in the trial Court in the year 1982, which was decreed by the trial Court on 14.11.1982. The plaintiffs' case was that the property in dispute was allotted to one Gangabai on 26.12.1973. This property was purchased by one Murad Begam (now deceased) -the mother of the plaintiffs. When the defendants -appellants tried to raise a wall on the portion of the property of the plaintiffs, then they filed the suit for injunction seeking mandatory injunction for removal of the wall. The defendants -appellants submitted that the area in question was declared as protected area and for that purpose, a notification was issued on 30.01.1974. The allotment order of the year 1973 referred above was cancelled on 06.04.1974. In view of the above, neither Murad Begam nor the plaintiffs could have acquired any title to the property. It is also submitted that appellants produced copy of the gazette notification before the trial Court, but the trial Court observed that original gazette notification was not produced by the defendants nor they produced map to show that area in question is covered by the area for which the notification dt. 30.01.1974 was issued.
(3.) IN view of the above reasons as well as in view of the fact that the proceedings initiated against the plaintiffs under Section 91 of the Land Revenue Act for their eviction was dismissed by the competent authority, the trial Court granted decree for mandatory injunction of removal of the wall in question and also granted prohibitory injunction vide judgment and decree dt. 14.01.1998.;