ABDUL AJIJ Vs. MUNICIPALITY, TONK

JUDGEMENT

(1.) THIS second appeal has been filed on behalf of the plaintiff -appellant u/S.100 CPC against the judgment & decree dated 07/11/2006 passed by Additional District Judge (Fast Track) No.4, Tonk whereby, it has dismissed Civil Appeal No.50/2006 filed by the appellant and upheld the judgment & decree dated 27/08/2001 passed by the Civil Judge (Junior Division), Tonk by which, it has dismissed the suit filed by the plaintiff - appellant for permanent injunction and declaration.

(2.) THE facts giving rise to the filing of this appeal in brief are that plaintiff -appellant filed a civil suit for declaration and permanent injunction on the ground that he is owner of the disputed property and respondent is going to dispossess him. During pendency of the proceedings, the suit has been amended with the permission of the court and amended plaint has been filed with the contention that the defendant wanted to encroach upon the land of the plaintiff. On the basis of the pleadings of the parties, the issues have been framed. Plaintiff has examined himself as PW 1 and two other witnesses, whereas defendant has examined DW 1 and DW 2 and after hearing parties, the suit has been dismissed. Appeal has also been dismissed. Hence, this second appeal.

(3.) CONTENTION of the learned counsel for the appellant is that findings of both the courts below are perverse and against law. Plaintiff has specifically stated that he has purchased the land by way of sale -deed dated 19/01/1969, which has been exhibited as Ex.1 but both the courts below have not considered Ex.1 and his further contention is that once the pleadings have been amended, proceedings have to be decided on the basis of the amended pleadings but the court below has considered his original pleadings and dismissed the suit without due application of mind.