SHYAMLAL Vs. SHIV KUMAR AND ORS.

JUDGEMENT

(1.) THE instant civil second appeal has been preferred against the judgment & decree dated 30/08/1995 passed by the court of Additional District Judge, Karauli by which, he dismissed Civil Regular Appeal No. 5/1995 filed by the plaintiff -appellant and upheld the judgment & decree dated 10/02/1995 passed by the court of Civil Judge (Junior Division) and Judicial Magistrate, First Class, Karauli by which, Civil Suit No. 10/1982 filed by the plaintiff -appellant seeking permanent injunction has been dismissed, whereas counter claim of the defendant -respondents has been decreed.

(2.) THE facts giving rise to this appeal in brief are that the plaintiff -appellant filed a civil suit against defendant -respondents seeking permanent injunction praying therein that defendant No. 1 be restrained from evicting the plaintiff -appellant forcibly from the suit premises and not to interfere in his use and occupation in the disputed property. Defendant No. 1 contested the suit on the ground that plaintiff -appellant is not a tenant but he is a trespasser and has been inducted in the property by defendant No. 2. Defendant No. 2 has contested the suit on other ground and defendant No. 3 -Devasthan Department came with the contention that defendant No. 1 is tenant against whom an order of eviction has already been passed hence, he has no right, title and interest in the disputed property. Defendant No. 1 has also filed counter claim for eviction of the plaintiff. Inspite of the fact that plaintiff was found in permissive possession, court below has allowed the counter claim of defendant No. 1 and passed the decree for vacating the disputed shop and suit of the plaintiff has been rejected. Appeal has been filed by the plaintiff -appellant, which was also rejected. Hence, this civil second appeal.

(3.) HEARD learned counsel for the parties and perused the impugned judgment & decree as well as original record of the case.