NATHURAM Vs. BABULAL

JUDGEMENT

(1.) This appeal has been filed by the plaintiff. This Court vide order dated 06.5.1997 while admitting the appeal had formulated the following substantial question of law:-

(2.) Facts giving rise to filing of the appeal, briefly stated, are that the plaintiff filed the suit on the ground that he was allotted a land admeasuring 10 dismil by order dated 03.2.1953 (Exhibit-P1) passed by the 'Naib Tahsildar'. On the part of aforesaid land the plaintiff constructed a courtyard and the remaining part of the land was kept open. However, on or about 21.4.1988 the defendants No.1 & 2 started construction on the vacant land. Thereupon, the plaintiff filed the suit seeking relief of declaration that he is the owner of the land covered by order (Exhibit-P-1) and sought permanent injunction restraining the defendants from raising construction on the land in question. The defendants filed written statement in which, inter alia, it was pleaded that the land was not allotted to the plaintiff. It was further pleaded that construction has been made on the land which belongs to the defendants and the construction which has already been made is in existence for past about 20 years.

(3.) The trial Court vide judgment and decree dated 30.4.1991, inter alia, held that the plaintiff in paragraph 5 of his crossexamination has admitted that the land was not allotted to him by the State Government and that no application for mutation in respect of the land in question was made by the plaintiff. From perusal of Exhibit-P-1 (order-sheet dated 03.2.1953) it was held by the trial Court that the land in question has not been allotted to the plaintiff. The aforesaid finding was affirmed by the appellate Court in appeal.