MUNICIPAL BOARD NIWAI Vs. BHURA

JUDGEMENT

(1.) Plaintiff-Municipal Board, Niwai is the appellant in this second appeal which has been filed against the judgment and decree dated January 28, 1999 of learned District Judge, Tonk reversing the judgment and decree dated February 1, 1994 of learned Civil Judge (Sr. Dn.), Niwai. The parties shall be referred hereinafter in the manner as they were arrayed in the suit.

(2.) Contextual facts depict that the learned Civil Judge (Sr. Dn.), Niwai passed decree in favour of the plaintiff restraining the defendants from interfering in suit land. Learned District Judge, Tonk however, reversed the decree holding that the defendants were in possession of the suit land and suit for permanent injunction was not maintainable. Being aggrieved by the reversal finding of the first appellate Court instant second appeal has been preferred.

(3.) This appeal raises following substantial question of law :-