BADSHAH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS first appeal by the plaintiff Badshah Ram is directed against the judgment and decree of the Additional District Judge, Baran, dated 11 -12 -71 dismissing the suit for damages.

(2.) THE relevant facts of the case are as follows. Two parcels of land in village Anta, measuring 13 yds. by 6 yds. and 13 yds, by 3 yds. adjoining each other and constituting one plot measuring 13 yds. by 9 yds, were allotted to the plaintiff -appellant on 22 -8 -1956 and 24 -5 -1956 respectively by the Tehsildar, Anta, for purposes of a tea shop. The plaintiff in December 1960 constructed a shop over this plot of land by raising three walls on the sides and pillars with lintels on the front. On 16 -1 -61, respondent No. 3 Shri Harban -shlal Gupta, Assistant Colonisation Officr, Anta, lodged a complaint Under Section 23(b) of the Rajasthan Colonisation Act, 1954, hereinafter to be referred to as the Act, alleging that the shop was constructed without permission of the competent authority. During the pendency of the aforesaid proceedings respondent No. 3 on 19 -1 -61 in compliance of the order dated 18 -1 -61 passed, by respondent No. 2 Shri I.N Kaul, Director of Colonisation, Chambal Project, Kota, demolished the walls and lintels of the shop. The plaintiff, therefore, after notice Under Section 80 CPC brought a suit out of which this appeal arises, on 16 -3 -64 claiming Rs. 7200/ - as damages for unlawful and unauthorised demolition of the shop.

(3.) THE findings arrived at by the learned Additional District Judge would reveal that the suit was mainly dismissed on the ground of limitation.