KESU KHAN Vs. KAILASH DAS

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 19.09.2011 passed by the trial court as upheld by judgment and decree dated 20.09.2012 passed by the first appellate court, whereby the suit filed by the appellant-plaintiff seeking compensation and injunction has been rejected.

(2.) The suit was filed, inter alia, with the averments that the plaintiff for raising construction on the plot of land had obtained permission, however, the Surpanch of the Gram Panchayat restrained the plaintiff from raising construction and as such the plaintiff suffered loss of Rs.10,000/- on account of the Cement etc., which was purchased by him and the time lost by him and further sought injunction that the respondents may not interfere2 in his construction activities. No one appeared on behalf of the defendants. On behalf of the plaintiff, three witnesses were examined and eight documents were exhibited.

(3.) After hearing the parties, the trial court came to the conclusion that the injunction/relief was been sought against the Gram Panchayat; the Gram Panchayat was not impleaded as party and the notices under Section 109 of the Rajasthan Panchayati Raj Act has also not been issued and only Kailash Das, Surpanch has been impleaded as party and in view of lack of evidence for the compensation sought, the trial court dismissed the suit.