ASHOK KUMAR KHATIK Vs. NAGAR PARISHAD, SIKAR

JUDGEMENT

(1.) The instant second appeal projects a challenge to the judgment and decree dated 31st May, 2006, made by the Additional Civil Judge (Junior Division) No.1, Sikar, in suit proceedings instituted by the plaintiff/appellant registered as Suit No.89 of 2003, (Ashok Kumar v. Nagar Parishad and Anr.), confirmed vide judgment and decree dated 15th September, 2008 , made by the Additional District Judge No.1, Sikar, in Civil Regular Appeal No.50 of 2006 (31/2008).

(2.) Briefly, the essential skeletal material facts are that the plaintiff/appellant instituted the suit proceedings for damages and permanent injunction against the non-appellants with a further prayer to restrain the non-appellants from interfering in the possession of the plaintiffs' property involved herein. The trial Court, in the backdrop of the pleadings of the parties and evidence adduced, made the impugned judgment and decree dated 31st May, 2006, which was upheld by the First Appellate Court vide judgment and decree dated 15th September, 2008.

(3.) Learned counsel for the appellant, Mr. Dhand, reiterating the pleaded facts and grounds of the memo of the appeal, asserted that the important question of law, which arises in this appeal, for consideration of this Court is: