HANUMAN AND ORS Vs. BALDEVA RAM AND ORS

JUDGEMENT

(1.) THE instant civil second appeal has been preferred against the judgment & decree dated 29/01/2008 passed by the court of learned Additional District Judge No.2, Sikar by which the appeal filed by the defendant -appellants has been dismissed and the judgment & decree dated 27/09/2002 passed by the court of learned Additional Civil Judge (Senior Division), Dataramgarh, District Sikar decreeing the suit in favour of the plaintiff -respondents, has been upheld.

(2.) THE facts giving rise to this appeal in brief are that plaintiff -respondents filed a suit for permanent injunction on the ground that the suit property has been situated at village Roopgarh, Tehsil Dataramgarh, District Sikar and on 01/03/1983, the Gram Panchayat, Roopgarh has issued patta in favour of the plaintiff -respondents in relation to the land measuring 20x22.5 square yards. Thereafter, construction has been raised. Now, the defendant -appellants want to eject the plaintiff -respondents from the suit property. Hence, suit has been filed. Contention of the defendant -appellants before the courts below was that plaintiff -respondents have encroached upon the land of the public way and have also got forged patta. The trial court has decreed the suit and appeal has also been dismissed by the first appellate court. Hence, this second appeal.

(3.) THE contention of the learned counsel for the defendant -appellants is that the plaintiff -respondents have encroached upon the land of the public way and patta has been forged. Hence, the trial court has erred in law in decreeing the suit and apart from it, as per Section 109 of the Rajasthan Panchayati Raj Act, 1994 (for short, the "Act of 1994"), the suit is barred without notice.