SHARAD SHARMA Vs. HARI SHANKAR

JUDGEMENT

(1.) The suit filed by the appellant-plaintiff has been dismissed by the learned trial Court vide judgment and decree dated 23.03.2015, against which the appellant-plaintiff preferred appeal before the Additional Sessions Judge No. 9, Jaipur Metropolitan which has also been dismissed vide judgment and decree dated 16.09.2015. Both these judgments and decree dated 23.03.2015 and 16.09.2015 have been challenged by the appellant-plaintiff in the present second appeal.

(2.) Brief facts of the case are that the appellant-plaintiff (hereinafter to be referred as 'plaintiff') filed a suit for declaration and permanent injunction stating therein that the plot in dispute (No. 7) is situated at Sindhu Nagar, Murlipura, Sikar Road, Jaipur, measuring 311.11 sq. Yards, area of which was revised by the Jaipur Development Authority and a revised map of the said plot No. 7 was issued showing the area of the plot as 230.2 sq. Yards. It was further stated that the plot in question was originally allotted to Sh. Suresh Kumar Pareek by Sindhu Nagar Grah Nirman Sahakari Samiti and a patta was also issued in his favour. The said plot was purchased by the plaintiff from Sh. Suresh Kumar Pareek and thereafter the plaintiff constructed one room over the plot in dispute and when the plaintiff started raising further construction then on 19.06.2005 the respondents-defendants (hereinafter to be referred as defendants) objected to the construction being raised by the plaintiff and tried to dispossess him from the property in dispute. Therefore, the plaintiff filed a suit before the learned trial Court for restraining the defendants not to dispossess him from the property in dispute.

(3.) The defendants filed written statement and stated that the plot in dispute was allotted in the name of mother of defendant Smt. Gulab Devi in a scheme No. 3, Murlipura, Sikar Road, Jaipur by Laxmi Grah Nirman Sahkari Samiti and after death of their mother the defendants became owner of the plot in dispute and they are having peaceful possession of it. It was further stated that the Jaipur Development Authority has also issued a patta in favour of defendant No. 2 and lastly prayed for dismissal of the suit.