SHAMBHU SINGH Vs. CHANDRA NATH AND OTHERS

JUDGEMENT

(1.) This second appeal is directed against judgment dated 28.11.2016 passed by Additional District Judge, Rajsamand, whereby, the appeal filed by the appellant as well as the cross appeal filed by the plaintiffs have been rejected against judgment and decree dated 23.11.2009 passed by Civil Judge (Junior Division), Devgarh, District Rajsamand.

(2.) Suit for permanent injunction was filed by Chandra Nath and Mohan Nath against six defendants including appellant, inter alia, with the averments that a land situated at Devgarh, Rajsamand was of their possession, purchased by a registered sale deed from one Mandhata Singh on 30.10.1972 and since then they are in possession of the land in question. It was submitted that defendants, who were owners of plots next to the plaintiffs' plot were seeking to trespass on the plot in question and, therefore, they be restrained by way of permanent injunction.

(3.) Written statement was filed by Shambhu Singh and Smt. Krishna Kanwar, inter alia, with the averments that Mandhata Singh had no title to the suit property and that a Patta dated 12.02.2002 was issued by the Municipality in favour of Smt. Krishna Kanwar and, therefore, the suit was liable to be dismissed.