MEETHALAL Vs. LRS OF SURAJMAL

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment & decree dated 23.02.2018 passed by the Additional District Judge, Jaitaran, District - Pali ('the First Appellate Court'), whereby the judgment & decree dated 14.01.2009 passed by the Additional Civil Judge (Junior Division), Jaitaran ('the Trial Court'), has been confirmed and the appeal and suit filed by the appellant have been dismissed, respectively.

(2.) The appellant-plaintiff filed a suit for permanent injunction against the respondent-defendant with the averments that a pattasud plot situated in Gram-Balunda belongs to the plaintiff. On 19.11.1975, a patta No.3 was issued by the Office of the Gram Panchayat. The residential hut and enclosures were demolished in the floods. It was alleged that the defendant was bent upon taking possession and transfer the plot and threatened for the same on 17.07.1995. Based on the averments, an injunction was sought against interference in the use of the plot in question and in case possession is taken during the pendency of the suit, the same be handed back.

(3.) The respondent-defendant filed written statement claiming possession of the plot for over 40 years. The grant of patta on 19.11.1975 was denied. It was stated that as the plaintiff was not in possession of the plot, simple suit for injunction was not maintainable.