LAWS(MPH)-2012-3-145

SMT. GEETABAI Vs. GRAM PANCHAYAT, TITROD AND OTHERS

Decided On March 05, 2012
Smt. Geetabai Appellant
V/S
Gram Panchayat, Titrod And Others Respondents

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 2/11/2011 passed by II ADJ, Mandsaur in Civil Appeal No. 20 -A/2010 arising out of judgment dated 3/5/2010 passed by Civil Judge class -I, Sitamau in civil suit No. 134 -A/08 whereby the suit filed by the appellant for permanent injunction was dismissed, was maintained, the present appeal has been filed.

(2.) SHORT facts of the case are that appellant filed a suit alleging that appellant is in occupation of the suit property which is a platform (Otla) measuring 2x42 sq.ft. It was alleged that appellant is owner and occupier. It was alleged that respondents are demolishing the platform for widening the road. It was alleged that since the appellant is owner, therefore respondents are having no authority to dispossess the appellant and decree of injunction was prayed. The suit was contested by the respondents. After framing of issues and recording of evidence the suit was dismissed, against which an appeal was filed which was also dismissed, hence this appeal.

(3.) AFTER hearing the counsel for appellant, this court is of the view that findings recorded by learned courts below which are concurrent in nature, are based on due appreciation of evidence on record which requires no interference. Hence the appeal stands dismissed.