CHAIN SINGH Vs. MANGOO SINGH

JUDGEMENT

(1.) Appellant-plaintiff (hereafter referred to 'plaintiff') has preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 17/9/2016 passed in civil regular appeal No. 03/2013 (32/13) by the Additional District Judge, No.1, Jhunjhunu, affirming the judgment and decree dtd. 13/8/2013 passed in Civil Suit No.37/2006 by the Additional Civil Judge (Jr. D.), Udaipurwati, District Jhunjhunu whereby and whereunder the plaintiff's civil suit, for permanent injunction, has been dismissed and counter claim of the defendants has been decreed in respect of Bada in question in the following terms:-

(2.) Heard counsel for appellant and perused the impugned judgment.

(3.) It is not in dispute that plaintiff and defendants are real brothers and the dispute is in respect of a Bada situated in village Bagoli, Tehsil Udaipurwati, District Jhunjhunu. Plaintiff claimed his ownership and possession over the Bada in question but has not produced any document to show his ownership and possession. Plaintiff's mother Smt. Pan Kanwar (PW-5) has clearly deposed that the Bada in question is in possession of defendant No.1-Mangoo Singh. Defendant No.1-Mangoo Singh has produced document of water bills in respect of Bada in question. It has come on record that the plaintiff does not reside in village and is in Government Job posted at Khetri. It has also come on record that in oral partition, Mangoo Singh did not get his share in the Haveli. In totality of evidence, both courts below have recorded a fact finding that the Bada in question is in possession of defendant No.1 and accordingly plaintiff's suit for permanent injunction has been dismissed and counter claim of defendants has been decreed. The trial court has imposed condition upon defendants not to raise construction over the Bada without prior permission of the Gram Panchayat. The judgments and decree are just and cannot be said to suffer from any infirmity, irregularity or jurisdiction error.