RAMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant first appeal under Sec. 96 of the Code of Civil Procedure, 1908 has been filed by the plaintiff-appellant against the Judgment and Decree dtd. 27/9/2018 passed by the Additional District Judge No. 2, Abu Road, District Sirohi in Civil Original Suit No. 09/2017 (59/2012) titled as "Ram Singh Vs. State of Rajasthan and Anr.", whereby the civil suit filed by the appellant herein seeking injunction was dismissed.

(2.) The facts of the case in nutshell are that the plaintiffappellant was in possession of his khatedari land of total 21 Khasras measuring 13 bigha 13 biswas i.e. 31291.25 square yards land. The description of the khasra numbers was mentioned in the plaint, which included disputed Khasra No. 207. The plaintiff further averred that in the above land, he got constructed the house for his residence, cattle shed and store house for agricultural purpose on the land ad-measuring 350 square yards. On 4/7/2012, the officials of the defendants came on the land and threatened to dispossess the plaintiff and asked to remove his construction within 3-4 days. The act of the defendants was against the law. The defendants were having no right to remove the construction raised by the plaintiff. Hence, he prayed to issue injunction against the defendants not to enter in the land of the plaintiff and evict him. He also sought injunction for restraining the defendants from demolishing the construction made by him. The defendants-respondents filed their written statement alleging that the plaintiff made construction on the land of Khasra No. 207, which was recorded as Banjar without permission of the competent authority in the year 2002. While denying the allegations made by the plaintiff in the plaint, the defendants prayed to dismiss the plaint of the plaintiff. The trial court framed total eight issues and after recording the evidence of both the parties, dismissed the suit vide Judgment and Decree dtd. 27/9/2018. Aggrieved with the said judgment and decree, this first appeal has been filed by the plaintiff-appellant before this Court.

(3.) The notices were issued to the respondents-defendants.