LAWS(RAJ)-2021-2-61

SHAMBHU LAL Vs. ISHWAR LAL

Decided On February 10, 2021
Shambhu Lal Appellant
V/S
ISHWAR LAL Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 16.03.2015 passed by the Civil Judge (Jr.Div.), West, Bhilwara and the judgment and decree dated 29.05.2019 passed by the Additional District Judge No.3, Bhilwara, whereby the suit filed by the respondent-plaintiff for permanent injunction and possession has been decreed and the appeal filed by the appellants has been dismissed, respectively.

(2.) The suit was filed for injunction by the plaintiff, inter-alia, with the submissions that the plot in question being F-53, ad measuring 19' x 40' at Dr. Radhakrishnan Nagar was owned by the plaintiff, on which the appellants had no right, however, as they have threatened to take possession of the plot in question, injunction be granted. The suit was later on converted into suit for possession as well on account of the allegations that the defendants, after filing of the suit, have trespassed over the plot in question.

(3.) It was, inter-alia, claimed that the plot in question was purchased by registered sale deed dated 03.03.1980 by Kanhaiyalal S/o Shri Rughnath from Kishan Lal Kumawat, who in turn sold it to plaintiff on 10.12.1986 and put him in possession and that plaintiff's possession was being threatened.