RAMCHANDER Vs. SHANKER

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal under Sec. 100 of the Code of Civil Procedure, assailing judgment and decree dtd. 2/3/2016 passed in Civil First Appeal No.19/2010 by the Additional District Judge, Lalsot, District Dausa whereby first appeal has been allowed and the judgment and decree dtd. 3/12/2010 passed in Civil Suit No.43/1997 by the Civil Jude (Junior Division) Lalsot, District Dausa has been quashed and consequently the civil suit for permanent injunction filed by appellant-plaintiff has been dismissed.

(2.) Heard counsel for both parties and perused the record.

(3.) The dispute between parties is in relation to an open piece of land measuring 13X6 square yards situated at village Daulatpura, Tehsil Lalsot, District Dausa. Appellant-plaintiff instituted a simpliciter civil suit for permanent injunction on 13/11/1997, claiming his absolute ownership and exclusive possession over the suit plot on the basis of patta dtd. 3/2/1991 issued by the Gram Panchayat, Daulatpura. It was prayed by plaintiff that defendants be restrained not to interfere in his possession and not to enter in possession of the suit plot nor to raise any construction thereupon. The suit plot was shown in the site map appended with the plaint with four boundaries. In order to establish his possession, plaintiff's solely placed reliance upon the patta dtd. 3/2/1991 (Exhibit-1). Defendants submitted written statement and denied the ownership and possession of plaintiff over the suit plot rather alleged that the suit plot is in actual and physical possession of defendants. It was contended that simpliciter suit for permanent injunction without possession of plaintiff is not maintainable and liable to be dismissed. Learned trial Court, as per rival pleadings of parties framed issues and accord opportunity to parties to adduce their respective evidence. Plaintiff exhibited his patta Exhibit-1 and report of site Commissioner and produced witnesses PW1 to PW3. Defendants did not adduce any evidence. The trial Court, vide judgment dtd. 3/12/2010 decreed the plaintiff's suit and restrained the defendants by way of permanent injunction not to interfere in use and occupation of the suit plot by plaintiff and further not to raise any permanent or temporary construction over the suit plot.