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2004 DIGILAW 1199 (RAJ)

Jugal Kishore Biswa v. Bhupendra Singh

2004-08-23

A.C.GOYAL

body2004
JUDGMENT 1. - Heard learned counsel on stay application. This is first appeal by the defendant against the judgment and decree dated 18.3.2004 passed by the learned Additional Distt. Judge No. 2, Ajmer.Plaintiff-respondent filed a suit for possession, permanent injunction and damages with the averments that Plot No. 14 as described in para 1 of the plaint was allotted to the plaintiff by Dr. Ambedkar Grah Nirman Sahkari Samiti, Ramganj, Ajmer on 10.3.1980 with possession. The plaintiff raised the boundary wall. Plot No. 15 belonging to the defendant is situated on the eastern side of the plaintiff's plot. The defendant having committed trespass over 90' x13' land of the plaintiff, raised construction and this fact came to the notice of the plaintiff in July, 2002 when he came to Ajmer from Kota.The defendant in his written statement denied the area of the plaintiff's plot as mentioned in the plaint and further pleaded that area of Plot No. 15 is 450 Sq. Yards which is in possession of the defendant. The defendant did not commit trespass over any portion of land of the plaintiff's plot. 2. Issues were framed and evidence was recorded. Vide judgment dated 18.3.2004, learned Additional Distt. Judge No. 2, Ajmer decreed the suit to the effect that the defendant shall remove his encroachment within two months from 90' x 13' land; defendant shall pay a sum of Rs.25,500/- as damages and that he will further pay Rs.10001- per month mesne profits from the date of filing the suit untill handing over possession of the disputed portion of the land to the plaintiff. 3. According to the learned counsel for the defendant-appellant, this is first appeal, hence, operation of the impugned judgment and decree should be stayed while learned counsel for the plaintiff respondent did not object to staying operation of the judgment with regard to handing over of possession of the land but objected to staying the payment of the amount of damages and mesne profits. 4. I have considered the submissions and the impugned judgment. is Keeping in view the entire facts and circumstances, this stay application is disposed of with the order that operation of the impugned judgment and decree shall remain stayed till disposal of the first appeal, provided the appellant deposits the sum of Rs.20,0001- (Rupees twenty thousand) in the trial court within a period of one month from today. is Keeping in view the entire facts and circumstances, this stay application is disposed of with the order that operation of the impugned judgment and decree shall remain stayed till disposal of the first appeal, provided the appellant deposits the sum of Rs.20,0001- (Rupees twenty thousand) in the trial court within a period of one month from today. This amount shall be kept in FOR till disposal of the first appeal.The stay petition is disposed of.Stay Granted Till Disposal of Appeal. *******