PRATAPA Vs. GRAM PANCHAYAT AHOR

JUDGEMENT

(1.) The present appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant-plaintiff, laying challenge to the judgment and decree dated 26.10.2016 passed by learned District Judge, Jalore (hereinafter referred to as "Appellate Court"), whereby his appeal against the judgment and decree dated 08.09.2011 passed by learned Additional Civil Judge (Sr. Div.) No.1, Jalore (hereinafter referred to as 'the trial Court') in Civil Original Suit No.28/2005 (52/2004) has been rejected.

(2.) Succinctly stated the facts, relevant for deciding the present appeal are that the appellant - plaintiff filed a suit for mandatory injunction with the assertion that a plot, ad-measuring 165x86ft., total area 1575 sq. yards, situated at Khara Road, Hanuman Colony of Ahore, Distt. Jalore, has been in his peaceful possession, wherein the appellant had constructed a hut 'Bada' for keeping cattle and other facilities therein. The plaintiff approached the trial Court, on receiving a notice dated 15.10.2004 issued by the Gram-Panchayat Hanumangarh, vide which he was asked to remove his encroachment, failing which the same was threatened to be removed in accordance with provisions under Rajasthan Panchayat Raj Act.

(3.) In response to the suit, so filed by the plaintiff, the respondent Gram-Panchayat, Ahore filed a written statement and contended that the plaintiff belonged to wandering Community (Ghumakkad), who does not stay at one place; hence his assertion that the land in question is under his possession for last 30-35 years is factually incorrect, while maintaining that since the plaintiff had not issued requisite notice under Section 109 of the Panchayat Raj Act, the suit filed by the plaintiff is liable to be rejected.