SHIV RAM Vs. KRISHAN LAL

JUDGEMENT

(1.) This regular second appeal has been filed by the plaintiff whose suit for permanent injunction has been dismissed by both the courts. Notice of motion was issued and in response thereto, respondents, especially the contesting respondent No.5 has been served. No one appears on behalf of the respondents. Briefly, the facts are that the plaintiff, alleging himself to be owner in possession of the disputed property, sought injunction against the respondents including the Gram Panchayat, as, according to him, his possession was being threatened on the ground that the suit land is owned by the Gram Panchayat.

(2.) Before adverting to the appellant's claim in the suit, it shall be apposite to reproduce the finding returned by the courts below with regard to the appellant's possession over the suit land. In para 22 of the impugned judgment dated 16.8.2002 passed by the first appellate court, following observations have been made:-

(3.) The appellant's suit, however, has been dismissed on the ground that he has failed to produce any title deed on record and/or sufficient oral evidence to prove the ownership or exclusive possession over the disputed property.