SATYANARAIN SONI Vs. NAGAR NIGAM KOTA

JUDGEMENT

(1.) THIS second appeal has been filed on behalf of the plaintiff -appellant u/S.100 CPC against the judgment and decree dated 29/03/2014 passed by Additional District Judge No.3, Kota whereby, it has dismissed Civil Regular Appeal No.20/2007 filed by the plaintiff -appellant and upheld the judgment and decree dated 18/05/2007 passed by Additional Civil Judge (Junior Division) No.1, Kota dismissing the suit filed by the plaintiff -appellant for permanent injunction.

(2.) THE facts giving rise to the filing of this second appeal in brief are that plaintiff -appellant filed a civil suit for permanent injunction that a big plot of Bada Ramdwara situated in Kishorpura Kota was owned by Sadhu Dhuniram, who filed a suit for declaration of rights and permanent injunction and application for temporary injunction was also filed, where both the parties have furnished Undertaking upon which, injunction order has been passed. The contention of the appellant is mainly based on the Undertaking furnished by Sadhu Dhuniram in another suit and pleading of the appellant is that land measuring 100x100 feet was given on rent to the appellant on rent of Rs.200/ - per month and now defendants want to dispossess him hence, the suit for injunction has been filed. Per contra, the contention of the respondents was that it was never the land of any private person. It is the land of the Nagar Nigam and on Desherraha, animal fate has been used to be held on the land. It has been shown in the master plan as such and it is not in the possession of the plaintiff. The suit has been dismissed and the appeal has also been dismissed. Hence, this second appeal.

(3.) HEARD learned counsel for the appellant and perused the impugned judgments.