STATE OF RAJASTHAN Vs. TEJ SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 18/4/2001 passed by Addl. Civil Judge (Sr. Division), Nagaur ('the trial court') and judgment and decree dtd. 16/12/2003 passed by Addl. District Judge, Nagaur ('the appellate court'), whereby, the suit filed by the respondent - plaintiff for declaration of ownership and permanent injunction has been decreed and appeal filed by the State has been dismissed, respectively.

(2.) The suit was filed by the plaintiff inter alia with the averments that land (500 x 500 ft.) situated in khasra no.291 ad-measuring 55.12 bigha was given by way of patta in 1952 by one Onkar Singh erstwhile Jagirdar to the plaintiff for a sum of Rs.31.00 and possession was also handed over to the plaintiff. The same was being used for keeping livestock. The boundaries the the said plot were also indicated in the plaint.

(3.) It was averred that the officers of the Settlement Department instead of recording khasra no.233 as Gochar, indicated the plaintiff's land as Gochar, whereas, the same should have been recorded as belonging to the plaintiff. It was submitted that for lack of entry in the records, the plaintiff has not been permitted to raise the construction. Notice was issued to the State under Sec. 80 CPC, however, they have refused to recognize the plaintiff as owner of the land. Based on the said submissions, relief of declaration and permanent injunction was sought.