GYARSI LAL Vs. GOPAL

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal under Sec. 100 of the Code of Civil Procedure, assailing the judgment and decree dtd. 18/4/2015 passed in Civil First Appeal No.16/12 (249/07) by the Court of Additional District Judge No.10, Jaipur Metropolitan, Jaipur, affirming the judgment and decree dtd. 31/7/2007 passed in Civil Suit No.90/07 by the Court of Civil Judge (Junior Division), Jaipur City (West), Jaipur whereby and whereunder the civil suit for permanent injunction instituted by appellant-plaintiff has been dismissed on merits.

(2.) Heard learned counsel for both parties, perused impugned judgments and scanned the record.

(3.) It appears from the pleadings of parties that the plaintiff has come out with a case that a peace of land relating to Plot No.6 measuring 1514.23 Sq. yards was allotted to him by Mitra Grah Nirman Cooperative Society Limited, Jaipur and he acquired the ownership and possession of that plot. The plaintiff himself has admitted in the plaint that the possession of his plot was given by him to defendant No.1 Gopal lal for the purpose of establishing and running a lathe machine. Thus, it is undisputed fact as per plaint that plaintiff is out of possession of the suit plot, on the date of institution of present suit for permanent injunction. The plaintiff has asked for a decree of permanent injunction stating inter alia that defendant No.1, having collusion with other defendants No.2 to 5, is inclined to raise construction over the suit plot and therefore, he prayed for passing a decree for injunction in his favour that defendants be restrained not to raise construction nor to obstruct the plaintiff from his movement in the suit plot and further defendants be restrained not to sell, alienate or otherwise transfer the suit plot.