BHEEKHI DEVI Vs. MANAK LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 5/1/2013 passed by Civil Judge (Sr. Division), Phalodi, District Jodhpur ('the trial court') and judgment and decree dtd. 16/12/2016 passed by Addl. District Judge, Phalodi, District Jodhpur ('the first appellate court') whereby, the suit filed by the appellant seeking permanent injunction has been dismissed and the appeal filed by the appellant has also been dismissed, respectively.

(2.) The appellant filed a suit inter alia with the averments that pursuant to a sale deed dtd. 18/1/1983 (Exhibit-2), the plaintiff along with her children - respondents No.4 to 9, is in possession of plot of land and that the respondents - defendants were seeking to dispossess the plaintiff and, therefore, injunction be granted.

(3.) The suit was contested by defendant No.1 inter alia disputing that the plot sought to be claimed by the plaintiff pursuant to the sale deed dtd. 18/1/1983, is not the plot, which is in possession of the defendant. Further averments made in the plaint were denied and it was claimed that the plot was purchased from Omprakash and Meghraj, who were having their Salt Industry over the land and he is in possession of the plot and, therefore, the suit was liable to dismissed.