GANGA SINGH Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 28.7.2012 passed by the District Judge, Pali, whereby the judgment and decree dated 30.8.2011 passed by the Civil Judge (Jr. Div.), Marwar Junction has been upheld.

(2.) THE facts in brief may be noticed thus: the plaintiff -respondent filed a suit for possession and permanent injunction regarding a plot situated at Village Aauwa. It was inter -alia claimed that an application dated 1.7.1969 was filed with the Gram Panchayat, Aauwa for issuing patta regarding which File No. 20/69 -70 was constituted and proceedings were held and it was required of the plaintiff to deposit sale price of Rs. 1,766.25 P. which was deposited on 30.12.1981; the then Sarpanch Prathvi Singh issued patta in favour of his relative defendant which was cancelled by the Gram Panchayat, Aauwa on 10.7.1991 and whereafter, the patta dated 1.9.1997 has been issued to the plaintiff. On 23.11.1999, the defendants taking advantage of plaintiffs' absence trespassed on the suit property and surrounded it by barbed wire and constructed a room over night. The plaintiffs were entitled for possession of the suit property.

(3.) FROM the pleadings of the parties, the trial court framed eight issues. On behalf of the plaintiffs, six witnesses were examined and on behalf of the defendants, six witnesses were examined.