AMBEY CHARAN SRIWASTAVA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This is plaintiff's second appeal preferred against judgment and decree dated 04.11.2004 passed by learned Additional District Judge No.2, Jaipur City, Jaipur, whereby judgment and decree dated 07.10.1998 passed by learned Additional Civil Judge (Junior Division) No.5, Jaipur City, Jaipur, dismissing the plaintiff's suit for perpetual and mandatory injunction, has been affirmed.

(2.) Dispute pertains to a piece of land measuring 50.5' in east-west and 23.6' in north-south, (total area measuring 132.4 square yard), which the plaintiff-appellant claims to have purchased by registered sale-deed on 13.12.1989 from one Nathu Singh for consideration of Rs.75,000/-. The plaintiff-appellant claims that he was put in possession of this plot by said Nathu Singh at the time of execution of the sale-deed. At that time, defendant Municipal Corporation, without issuing any notice and providing opportunity of hearing, tried to dispossess him on 13.05.1996, and removed the tin-shed as well as stone slabs, with which the boundary was constructed. In those facts, the suit for perpetual and mandatory injunction was filed before the trial court. Both the trial court and the first appellate court held that the appellant has failed to prove his title over the disputed land and for that matter, title of Nathu Singh, from whom he claims to have purchased the disputed land and declined the prayer of injunction.

(3.) According to the plaintiff, Nathu Singh is the descendant of Thakur Ratan Singh, whose 'vanshawali' (pedigree) is given in Para 1 of the memo of appeal. The disputed property is situated in Chowkri Vishwashwarji, Rasta Patwari Mohalla, Telipara, Jaipur, which was originally owned by Thikana Bhojara. The said property has been entered in the city survey record of Samvat 1925 at Serial No.140 and was shown in exclusive possession and ownership of Thakur Ratan Singh.