BUDHRAM & ORS Vs. GRAM PANCHAYAT KAILADEVI

JUDGEMENT

(1.) THE present second appeal has been filed under Section 100 of CPC by the appellants -plaintiffs. It is directed against the Judgment and decree dated 21/02/2013 passed by the District Judge, Karauli (hereinafter referred to as the appellate Court) in Civil Regular First Appeal No. 19/2009, whereby appellate Court dismissed the appeal and confirmed the Judgment and decree dated 22/05/2009 passed by the Additional Civil Judge (JD No.2), Karauli in civil suit No. 190/2000 (196/2001).

(2.) THE facts giving rise to the present appeal are that the appellants -plaintiffs filed a suit seeking permanent injunction alleging, inter alia, that the appellants -plaintiffs are the tenants of the defendant -respondents but respondent, without authority and without following due process of law threatened to evict the appellants -plaintiffs from the rented premises.

(3.) THE said suit was resisted b y the respondent -defendant by filing the written statement wherein it is stated that the appellants -plaintiffes are not tenants and suit shops were given on license to the plaintiffs. It is also stated that no notice under Section 109 of the Rajasthan Panchayat Raj Act was served upon the respondent prior to filing of the suit.