SHAMBHU Vs. GRAM PANCHAYAT, BARI

JUDGEMENT

(1.) This is a second appeal filed under Section 100 CPC by the plaintiff-appellant challenging the judgment and decree dated 29.03.2012 passed by the Additional District Judge (Fast Track) No.2, Beawar, Ajmer in Appeal No.03/2008 (16/2007) ; Shambhu S/o Shri Babu Vs. Gram Panchayat-Bari & Ors. whereby the appeal filed by the plaintiff-appellant against the judgment and decree dated 1.6.2007 passed by the Civil Judge (Jr. Division) Bijaynagar (Ajmer) in Civil Suit No.87/1991 (101/1992); Shambhu Vs. Gram Panchayat-Bari & ors. for permanent injunction, has been dismissed.

(2.) Briefly stated, the facts of the case are that the plaintiff-appellant filed a suit for permanent injunction against the defendants-respondents with the averments that plot situated in residential area of Village Bada Aasan, Gram Panchayat Bari, comprising of Khasra No.20 was purchased by him in the open auction. After depositing the amount, a patta was issued in his name and since then the disputed plot is in his possession. The defendants-respondents No.2 to 4 threatened him on 20.04.1994 to vacate the disputed premises and to remove his articles, therefore, he has filed the civil suit for permanent injunction seeking restraint order against the defendants not to dispossess him.

(3.) Submission of the learned counsel for the plaintiff-appellant is that the patta granted in his favour has not been cancelled so far, therefore, he has a right to take possession of the land and is further entitled for decree of permanent injunction in the civil suit.