AMARLAL SON OF RAMLAL BY CASTE REGAR, RESIDENT OF NEAR BAJARIA LADDHA PETROL PUMP, SAWAI MADHOPUR (RAJASTHAN) Vs. NAGAR PALIKA, SAWAI MADHOPUR THROUGH PRESIDENT AND EXECUTIVE OFFICER, NAGAR PALIKA, SAWAI MADHOPUR (RAJ.)

JUDGEMENT

(1.) The appeal has arisen out of judgment & decree dated 7.7.2010 passed by learned Additional District Judge (Fast Track), Sawai Madhopur, in Regular Civil Appeal No.202/2009 (76/2003), whereby the appeal was allowed and execution of lease No.165 dated 26.5.1966 was declared void ab-initio and appellant / defendant was restrained by permanent injunction from any construction on the land of the lease deed and also not to interfere in peaceful possession of plaintiff, in any manner. The judgment & decree dated 27.9.2003 passed by learned Civil Judge (Jr. Div.) Sawai Madhopur in Civil Suit No.34/1999 was set aside, wherein the Civil Judge had dismissed the suit filed by the respondent/plaintiff.

(2.) In brief, facts of the case are that a suit for declaration and permanent injunction was filed by the plaintiff/respondent against the defendant/appellant in the court of Civil Judge (Jr. Div.), Sawai Madhopur on 10.2.1999 with the averments that the State Government has dissolved the Gram Panchayat, Alanpur Jatwada, Sherpur and constituted on 27.9.1965 the Notified Area Committee Mantown which is presently known as Nagar Palika, Sawai Madhopur. The appellant with an intention to grab the costly land, obtained a forged Patta No.165 dated 26.5.1966 from Gram Panchayat Alanpur in conspiracy with Sarpanch. The Patta cannot be recognised and is void ab-initio, had no such right and did not issue any such lease. Amount of Rs.476/- is said to be deposited on 26.5.1966 in the Panchayat but there were no such rules in force. Khasra No.1 wherein the disputed land is situated, was not available for sale to Gram Panchayat Alanpur. Collector, Sawai Madhopur had imposed a ban on sale of the land on 29.5.1963. A notification was published by Notified Committee for submission for examination of lease deeds issued by Erstwhile Panchayat after constitution of Notified Area Committee, but the appellant did not submit the disputed Patta at that time. A prayer in the suit was made to declare the Patta void and to issue permanent injunction against the appellant to not interfere with and to construct on the land relating to the Patta. In the written statement, appellant averred that he obtained the Patta, as per provisions of law, after depositing Nazrana through receipt for an amount of Rs.476/-, which is entered in the record of Gram Panchayat. But, the respondent is concealing the record. No cause of action has arisen to the respondent to file the present suit. The present suit has been filed on deficit court fee. Existence of Patta is in the knowledge of the respondent since 1992. Present suit is barred by limitation. On the basis of pleadings, learned trial court framed following issues:

(3.) Plaintiff examined Kailash Narain Sharma (PW-1) - the Revenue Inspector and exhibited a sale deed (Ex.P- 1). Defendant examined himself. He did not exhibit any documentary evidence. After hearing both the parties, learned trial court vide judgment & decree dated 27.9.2003 dismissed the suit.