SHIVDAYAL Vs. RAMNATH

JUDGEMENT

(1.) Appellant-plaintiffs (hereafter referred to 'plaintiffs') have preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 26/5/2017 passed in civil regular appeal No. 78/2012 (34/2011) by the Additional District Judge, Sawaimadhopur whereby and whereunder dismissing the appeal affirming the judgment and decree dtd. 8/8/2011 passed in Civil Suit No.82/84 (40/83) by the Additional Civil Judge (Jr. D.), Sawaimadhopur whereby and whereunder plaintiffs' civil suit, for declaration and permanent injunction, has been dismissed on merits.

(2.) Heard counsel for appellants and perused impugned judgments and record.

(3.) From perusal of record, it reveals that appellantplaintiffs claimed their ownership and possession over the plot in question bearing Plot No.27 measuring 150 Square yards (Ex.1) situated at village Bhagwatgarh, Tehsil Chauth ka Barwada, District Sawai Madhopur on the basis of a patta dtd. 23/12/1974, issued by the Gram Panchayat. In patta dtd. 23/12/1974(Ex.1), it is indicated that the plot is part of the land of Khasra No.1779/2. Both courts below have concurrently recorded a fact finding that patta of plaintiffs does not match with the suit plot. It has come on record that the land of Khasra No.1779/2 belongs to defendants, which are recorded in their names and revenue record of Jamabandi and Girdawari (Ex.A1 and A2) has been placed on record. Both courts below have recorded a fact findings that plaintiffs could not produce any evidence to show their possession, except producing the patta in question. Rather, defendants have been found in possession of the suit plot. The report of the Court Commissioner (Ex.A5) to verify the possession of defendants over the suit plot.