NAGARPALIKA MANDAL, SRI DUNGARGARH Vs. BHANWARLAL

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 14.10.2005 passed by Additional District Judge No.2, Bikaner (for short "the Appellate Court" hereinafter) in Appeal Decree No. 01/2003 (Municipal Board, Sri Dungargarh Vs. Bhanwarlal), appellant has preferred this second appeal under Section 100 of the Civil Procedure Code, 1908, whereby the appeal filed by the appellant/defendant against judgment and decree dated 25.11.2002, passed by the Civil Judge (Jr. Div), Sri Dungargarh (for short "the trial court" hereinafter) in Regular Civil Original Case No. 16/2001 (Bhanwarlal Vs. Municipal Board, Sri Dungargarh) has been dismissed and the judgment and decree passed by the trial court in favour of the plaintiff/respondent has been affirmed.

(2.) In short, the facts of this appeal stated in the suit are that the plaintiff/respondent filed a suit before the trial court for declaration and permanent injunction against the defendant/appellant Municipal Board stating therein that the plaintiff and defendant No.2 are the legal heirs of late Shri Chimmi Ram and during his life time, late Shri Chimmi Ram purchased a plot from Municipal Board Sri Dungargarh on 26.11.1960 by way of auction and a sale deed in pursuance of the said auction proceedings was executed on 27.2.1961 which was got registered on 4.3.1961.

(3.) Defendant/appellant Municipal Board had also handed over the actual physical position of the plot to Late Shri Chimni Ram, the father of the plaintiff. The plaintiff and the defendant No.2 are the successors of Late Shri Chimni Ram.