CHANDRA SINGH S/O SH. HARI SINGH, AGED ABOUT 60 YEARS, RESIDENT OF HOUSE NO.709, HIRAN MAGRI, SECTOR NO.11, UDAIPUR Vs. SMT. SHANTA DEVI W/O SUNDER LAL SHUHALKA

JUDGEMENT

(1.) This Civil Second Appeal has been preferred on behalf of the plaintiff-appellant to assail the concurrent findings given by the learned trial Court in Civil Original Suit No. 267/1995 vide judgment dated 28th Aug., 2000 as upheld by the first Appellate Court under the judgment dated 31st Jan., 2015 passed in Civil Appeal No. 38/2013.

(2.) Succinctly stated the facts giving rise to appeal are that the plaintiff-appellant Chandra Singh filed a suit for injunction simpliciter against the defendants including Urban Improvement Trust, Udaipur (for short 'UIT'), while claiming that Plot No. 12 admeasuring 85 x 45 yards having an area of 885 square yards existing in Aaraji No. 15 min in village Teeteradi was allotted to Chhagan Lal by Gram Panchayat Teeteradi vide Patta dated 28th July, 1956. Chhagan Lal remained in possession over the aforesaid plot uptil 6th Feb., 1980. Vide agreement to sell dated 6th Feb., 1980, he agreed to sale the said plot to plaintiff and handed over the possession thereof on the same day. It was alleged that the UIT, Udaipur, without any title and possession over the land, is threatening to evict the plaintiff and has allotted the said piece of land in the form of three plots bearing No. 746, 747 and 748 to other defendants No. 1 to 3.

(3.) After hearing both the sides, learned trial Court dismissed the suit vide judgment and decree dated 28th Aug., 2000 while coming to the conclusion that the plaintiff has not been able to prove that the patta, which is allegedly issued to the plaintiff is genuine; plaintiff does not derive any right, title or interest on the basis of simple agreement to sell, as no sale-deed has been executed in his favour as yet; the said piece of land was found to be allotted to UIT, Udaipur by the State Government; settled possession of the plaintiff was also not found proved and at the most, he was found to be a trespasser on the disputed piece of land.