SECRETARY, URBAN IMPROVEMENT TRUST, UDAIPUR Vs. GYANPRABHA

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 13.01.2006 passed by Additional District Judge No. 2, Udaipur, whereby, the appeal filed by the appellants has been dismissed and the judgment and decree dated 08.03.1999 passed by Civil Judge (Junior Division) Udaipur City (South), Udaipur has been affirmed.

(2.) THE facts in brief may be noticed thus the plaintiff -respondent No. 1 filed a suit for declaration and permanent injunction with the averments that her house was situated at Mohalla Old University Road, Ganeshnagar Pahada, which is in existence since 1972; the land earlier was agricultural land and its Arajai number was 499; whereafter, Arajai numbers were changed to 823, 824, 825, 830 and 832; whereafter plaintiff deposited conversion charges with the Conversion Department; in front of the house vacant land is available, which is being used as way; the plaintiff is its owner and the land is in her Khata; in front of plaintiff's house there is a courtyard made of fencing, a gate has been placed, regarding which, the Municipality took proceedings, which on production of documents were dropped; however, on 16.12.1997 the Urban Improvement Trust's Officers visited plaintiff's house and directed her to remove the fencing and threatened forcible removal, for which, they have no right; permanent injunction was sought that the defendants be directed not to remove the fencing from the courtyard and not to break the tiles.

(3.) ON the pleadings of the parties, the trial court framed four issues; on behalf of the plaintiff - plaintiff's husband was examined as PW -1 and seven documents were exhibited; on behalf of the defendants - DW -1 Kailash Chandra Jain, Patwari and Inder Lal Sharma, Inspector were examined.