DEVI LAL Vs. GRAM PANCHAYAT, BAVLAS

JUDGEMENT

(1.) This civil second appeal filed by appellant-plaintiff Devi Lal is directed against the judgment and decree dated 27.07.2011 passed by learned Additional District Judge No.1, Bhilwara in Civil Appeal No.15/2007, whereby the learned first appellate court has dismissed the appeal of the appellantplaintiff filed against the judgment and decree dated 05.04.2007 passed by learned Civil Judge (Junior Division), Mandal in Civil Original Case No.43/1993, whereby the learned trial court dismissed the suit filed by the appellantplaintiff. The brief facts of the case are that the appellantplaintiff filed a suit for permanent injunction against the respondent-defendant on the basis that he is having a plot in village Bavlas and the same is in his possession for last more than 30 years and the said plot is being used as a Nohra. It was averred that by the efflux of time, the appellant-plaintiff has become the owner of the said plot, but the respondentdefendant is dispossessing the plaintiff from the said plot, therefore, the suit has been filed.

(2.) The respondent-defendant filed written statement, wherein it was stated that as per the revenue record, the land in dispute is residential land and has been shown as Panchayat land. It was further stated that the appellant-plaintiff is not having possession over the land in question nor he is having any easementary right. Further it was stated that the appellant has been dispossessed from the plot in dispute on 27.08.1993 and the patta which was issued to the appellantplaintiff has also been cancelled. On the basis of the pleadings of the parties, the learned trial court framed as many as seven issues including the relief. Thereafter, the evidence of both the parties was recorded, wherein appellant-plaintiff examined himself as P.W.1 and Jhawar Mal as P.W.2 and on behalf of the respondent-defendant D.W.1 Sua Nath was examined.

(3.) After hearing the arguments of the parties, the learned trial court dismissed the suit filed by the appellantplaintiff vide the judgment and decree dated 05.04.2007, against which the appellant-plaintiff preferred an appeal before the learned first appellate court. The learned first appellate court vide the impugned judgment and decree dated 22.07.2011 dismissed the appeal and affirmed the judgment and decree passed by the learned trial court.