SATISH CHANDRA MAHAVAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Civil Second Appeal has been preferred by the plaintiff-appellants against the judgment and decree passed by the Addl. District Judge No.2, Ajmer (for short 'the lower appellate court') in Civil Appeal No.121/06 (241/06) whereby the judgment and decree passed by the Civil Judge (Jr. Div.) City-North, Ajmer (for short 'the trial court' ) in Civil Suit No.129/2003 was set aside and the appeal of the plaintiffs-appellants was dismissed.

(2.) Brief facts giving rise to this appeal are that the plaintiffs appellants filed a suit for permanent injunction wherein it is stated that the land bearing Khasra No.2931 measuring 1? Bigha, Nadi, Khasra No.2944 measuring 2? Bigha Aabadi and Khasra No. 2934 measuring 1? Bigha two Biswa Dus Biswansi Pal situated police lines Lohakhan, Ajmer. The same belongs to the ancestors of the plaintiffs and they are in possession of the said property. They grow Water Caltrop (Singhada) crop in the said land. It is also averred in the plaint that they came to know through the news published in the news paper that on the land of the plaintiffs the UIT Ajmer has proposed to construct Ambedkar Research Center and the Officers of the UIT bent upon to lay foundation stone. Therefore, the suit was filed for grant of permanent injunction.

(3.) The suit was resisted by the respondents by filing written statement wherein it is stated that the disputed land is entered as Swai Chack in the revenue record and the same has been transferred by the Tehsildar to respondent No.2, UIT Ajmer and possession of the same has been handed over to respondent No.2, UIT, Ajmer.