MUNICIPAL COUNCIL Vs. KISHORE SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 5.6.2004 passed by Additional District Judge No. 1, Sikar in Civil Regular Appeal No. 1/2004 whereby the learned appellate court allowed the appeal and reversed the judgment and decree dated 15.10.2003 passed by Addl. Civil Judge (Junior Division) No. 1, Sikar in Civil Suit No. 48/95 whereby suit for permanent injunction has been dismissed by the court below. The short facts of the case are that plaintiff respondent filed a suit for permanent injunction on the ground that he is in possession over the disputed property from last 60 years. The contention of the appellant was that earlier the property was entered in the name of Panch Mahajanan which was a wrong entry, hence a reference has been made before the Board of Revenue, Rajasthan Ajmer which was allowed and mutation has been opened in favour of the State Government dated 6.9.1997 and respondent is not entitled to raise any construction over the land and the court below has rightly dismissed the suit against which a regular first appeal has been filed by the plaintiff and first appellate court has decreed the suit for injunction in favour of plaintiff respondent, hence this second appeal.

(2.) THE contention of the appellant is that respondent has failed to establish the fact that he was in possession over the property from last 60 years. The first appellate court without any material evidence on record has reversed the finding of the court below. Documents; ration card (Ex. 2), document of Municipal Council (Ex. 3) and electricity bill (Ex. 4) have been relied upon which could not establish the fact that respondent plaintiff was in peaceful possession of the property from last 60 years, hence the findings of the appellate court are per verse and the appeal be admitted.