LRS OF CHAMPA LAL Vs. NAGAR PARISHAD PALI

JUDGEMENT

(1.) This appeal has been submitted against the judgment and decree dated 04.04.2019 passed by the District Judge, Pali in Civil Appeal Decree No.33/2013, whereby the learned judge dismissed the appeal filed by the plaintiff-appellant against the judgment and decree dated 02.09.2013 passed by the Additional Civil Judge (Sr.Div.), Pali, dismissing Civil Original Suit No.56/2011 (201/2009) filed by the predecessor of the appellants seeking permanent injunction and declaration against the defendant.

(2.) The suit for permanent and mandatory injunction was filed by plaintiff Champalal on 24.10.2009, inter-alia, with the submissions that a plot purchased and in possession of the plaintiff was situated at Gurudwara road; the same was purchased by plaintiff's father Jasraj for a sum of Rs. 401/- on 22.08.1960, ever since, the plot was in his possession. It was averred that despite writing letters for issuance of patta, the patta has not been issued and therefore, a notice was got issued from his counsel in this regard, however, the patta has not been issued. It was claimed that on the plot a water tank constructed by the plaintiff was situated, which was demolished on 19.10.2009 by the employees of the Municipal Board or the contractor and attempts were made to illegally trespass over the plot.

(3.) It was alleged that the employees of the Municipal Board threatened that on the plot a community hall and toilet would be constructed. It was prayed that the injunction be granted against the defendant not to dispossess the plaintiff from the plot in question, interfere in use of the said plot and not to construct community hall and toilet. Mandatory injunction was sought for issuance of patta/sale deed in favour of the plaintiff.