BHANWAR LAL Vs. LALLU LAL

JUDGEMENT

(1.) Appellant-plaintiff (hereinafter referred as "plaintiff") has preferred this second appeal under Sec. 100 CPC, assailing judgment and decree dtd. 22/2/2010 in Appeal No.31/2000, passed by District Judge, Sawai Madhopur dismissing appeal and affirming the judgment and decree dtd. 29/4/2000 passed by Civil Judge (Junior Division) Bonli in Civil Suit No.3/1998 whereby and whereunder plaintiff's suit for permanent injunction has been dismissed.

(2.) The dispute in the present appeal is between brothers of one family. The plaintiff is claiming his sole ownership and exclusive possession over the plot in question allotted by Gram Panchayat Bonli in his name, whereas, defendants have contended that the plot in question was allotted along with other adjoining three plots and total four plots were allotted by Gram Panchayat to their father. At the time of allotment of all four plots, one plot was allotted in the name of their father and allotment of other three plots were made in the name of three major sons as three other sons were minor at that time. According to defendants all four plots are situated adjoining to each other and joint property of the family, surrounded by pakka boundary-wall. There is no exclusive and separate possession of plaintiff over the plot in question, allotted in his name.

(3.) This court admitted the present appeal on 21/3/2018 on following substantial question of law:-