REWATA Vs. KRISHI UPAJ MANDI RAJGARH

JUDGEMENT

(1.) This second appeal is directed against the judgments and decree dtd. 4/2/2011 and 23/11/2020 passed by Civil Judge (Jr. Div.), Rajgarh, District - Churu and Addl. District Judge No.2, Rajgarh, District - Churu, whereby, the suit for permanent injunction and first appeal filed by the appellant have been dismissed, respectively.

(2.) The suit for permanent injunction was filed by the plaintiff inter alia with the averments that a residential plot was situated in ward no. 9, Khasra no. 719, which was of her old possession, qua which a Patta dtd. 21/7/1966 was issued by the District Collector, Churu. It was claimed that the plaintiff had constructed water tank and had also constructed fencing around the plot and has taken electricity connection. It was indicated that the plaintiff had filed a suit against Municipal Board for permanent injunction qua the same land, which was decreed on 11/9/2008. It was alleged that as the rest of the land in Khasra no. 719 was allotted to defendant Krishi Upaj Mandi Samiti, the Mandi Samiti ('market committee') in the garb of said allotment wanted to dispossess the plaintiff and was seeking to deprive her from use of the said land. It was prayed that the defendant be restrained from dispossessing the plaintiff without undertaking due process of law and not to deprive her from use of the plot.

(3.) Written statement was filed by the Mandi Samiti denying the averments contained in the plaint. It was denied that the Patta dtd. 21/7/1966 pertains to Khasra no. 719 and it was asserted that the said plot was part of the land allotted by the District Collector to Mandi Samiti on 1/3/1974. It was claimed that as no record of the alleged Patta was available, the same was fraudulent. It was also submitted that based on the decree passed in a suit filed against the Municipal Board, the defendant cannot be bound.