TARACHAND S/O SH. MOTILAL, BY CASTE VYAS BRAHMAN Vs. MUNICIPAL BOARD, JAISALMER THROUGH ITS CHAIRMAN, MUNICIPAL BOARD, JAISALMER & COMMISSIONER, MUNICIPAL BOARD, JAISALMER

JUDGEMENT

(1.) The appellant/plaintiff having lost the legal battle before the two courts below concurrently has filed the present second appeal assailing the impugned judgment and decree dated 24.09.2009 passed by learned District Judge, Jaisalmer, whereby the learned appellate court has dismissed the Civil Appeal No.16/2009-Tarachand v. Municipal Board, Jaisalmer , and affirmed the judgment and order dated 04.05.2009 passed by learned Civil Judge (Jr. Division), Jaisalmer, dismissing the suit ( Civil Original Suit No. 05/2005-Tarachand v. Municipal Board, Jaisalmer ) filed by the appellant/plaintiff for permanent and perpetual injunction against the respondent/defendant with respect to suit land situated in Ward No.5 (Old Ward No.16), Dhibba Pada, Jaisalmer, over which the appellant/plaintiff claimed that he was in possession of the said land for last 50 years.

(2.) The relevant findings of the learned trial court while dismissing the suit filed by the appellant/plaintiff vide its judgment and decree dated 04.05.2009 reads as infra:- ...[VERNACULAR TEXT OMITTED]...

(3.) The relevant findings of the learned lower appellate court while dismissing the appeal filed by the appellant/plaintiff vide its judgment dated 24.09.2009 are also quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...