MUNICIPAL BOARD Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the trial Court dated 19.09.1992 by which the First Appellate Court allowed the appeal of the plaintiff respondent Jagdish Prasad and passed the decree for injunction against the appellant -defendant with respect to the land measuring 413 ft. x 145 ft. situated near the Post Office of Tara Nagar.

(2.) BRIEF facts of the case are that the plaintiff filed the suit for permanent injunction against the defendant -appellant with the plea that the land in question originally belonging to the plaintiff's ancestors Sandu, Shivnand and Bali, for which a patta was issued by the erstwhile Bikaner State in the Samvat year 1936 for a consideration of Rs. 20/ -. The patta is dated Chaitra Vadi -11, Samvat year 1936. The plaintiff gave the neighborhood of the land as it was in the Samvat Year 1936 and thereafter in para 6 gave the neighborhood which were the neighborhood of the land in question at the time of the filling of the suit because of the reason that the suit was filed by the plaintiff in the year 1987. The plaintiff filed the suit because of the reason that the defendant -appellant threatened the plaintiff - respondent and wanted to dispossess the plaintiff. The plaintiff also rely upon certain documents of the year 1965 and 1974, the maps prepared by the Municipal Board, Tara Nagar itself whereby it is proved that land in dispute was not of the Municipal Board, Tara Nagar.

(3.) THE trial Court framed the issues which are (1) Whether the plaintiff is owner is possession of the land mentioned in para 6 of the plaint, (2) Whether the defendant -appellant is estopped from challenging the title of the plaintiff in view of the documents of the defendant -appellant itself and (3) Whether the defendant gave threat to the plaintiff for interference in the possession of the plaintiffs land and on the basis of plea taken by the defendant, an issue was framed whether the plaintiff has no locus standi to file the suit.