RUKHMANI DEVI Vs. MUNICIPAL BOARD JAISALMER

JUDGEMENT

(1.) Heard learned counsel for the appellant. The suit was filed by the plaintiff/appellant alleging that the plaintiff is onwer of the property and she is having one written document executed in the Erstwhile state time. She also submitted application for getting the water connection and applied for road cutting also. The property was mortgaged in Samwat Year 1998 and the plaintiff's husband was working as Executive Officer in the Municipal Board. He died in the year 1968. The plaintiff also admitted that the plaintiff's possession was threatened by the Municipal Board time and time. According to the plaintiff, the defendant has no right to evict the plaintiff from the suit property, therefore, the plaintiff filed the suit for mere injunction knowing it well that the title of the plaintiff has been denied by the defendant.

(2.) The defendant submitted detailed written statement and disclosed that the plaintiff's son was in service and he submitted an application for raising construction which was dismissed by the Municipal Board and appeal was also dismissed. It is submitted that no construction was raised by the appellant on the plot in dispute at any point of time which is apparent from the various orders passed by the authorities.

(3.) After considering all those facts, the trial court dismissed the suit of the plaintiff by judgment and decree dated 20.12.2000 and the appeal against the said judgment and decree was dismissed vide judgment and decree dated 31.5.2003.