AHMED SULTAN Vs. BHANWAR SINGH

JUDGEMENT

(1.) The present appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant, laying challenge to the order dated 13.10.2016 passed by the learned Additional District Judge, Jaisalmer in Appeal No.39/2016, whereby the judgment dated 17.12.2015 passed by the learned Civil Judge(Senior Division), Bikaner has been affirmed.

(2.) Mr. Bhandri, learned counsel for the appellant, narrating the facts in brief apropos for the present appeal submitted that the appellant - plaintiff had filed a suit for mandatory injunction against the defendants, inter alia, seeking an order of restraint so that they should not interfere with the peaceful possession, the plaintiff had been enjoying for a long period.

(3.) Learned counsel for the appellant contended that the appellant was having title and possession of the subject plot pursuant to the patta dated 06.09.1957 and his possession was evident in light of a certificate dated 25.09.2003 issued by the Gram Panchayat, Nachna filed as Exhibit-2, which depicted the possession of plaintiff and his grand-father.