SANSKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant is aggrieved against the judgment and decree dated 7.11.2005 by which the appellate court reversed the judgment decree passed by the trial court dated 21.3.2003 and dismissed the suit of the appellant. Brief facts of the case are that the plaintiff/appellant filed a suit for permanent injunction on the ground that the plaintiff is in possession of small piece of land for which he prayed for regularisation upon which an order was passed in favour of the plaintiff to deposit 50% of the cost of land Rs.3,650/- which the plaintiff has deposited. The plaintiff's case was recommended for regularisation but during this period, the plaintiff was sought to be evicted, therefore, the plaintiff filed the suit for injunction. The trial court decreed the suit of the plaintiff and restrained the defendant from evicting the plaintiff from the suit shop.

(3.) The respondents preferred regular first appeal which was allowed by the first appellate court vide judgment and decree dated 7.11.2005 after holding that the plaintiff has no right to remain in possession of the suit property. The respondents have legal right to remove the encroachments and the first appellate court also held that the suit of the plaintiff itself was not maintainable.