GUMANA RAM Vs. NATHA RAM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner challenging the judgment dt. 13.11.2002 passed by the Civil Judge (Junior Division), Dungargarh, whereby the suit filed by the petitioner under Section 6 of the Specific Relief Act was dismissed.

(2.) ACCORDING to facts of the case, a suit for eviction and declaration, so also, for permanent injunction was filed by the petitioner before the trial Court. In the suit, it is stated by the petitioner that there is patta issued in his favour with regard to the plot in question by the Gram Panchayat, Sudsar. The said patta was issued upon the application filed by the petitioner on 11.02.1986, in which, it was prayed by the petitioner that he is in possession of the land for last 50 years. The application was accepted by the Gram Panchayat and, on the basis of old possession, patta No. 43 for land measuring 2486 Sq Yd land was issued on 28.10.1986 and, as per the petitioner, the said patta was challenged by way of filing appeal before the Panchayat Samiti by one Pokar Ram and the said appeal was allowed by the Panchayat Samiti, Dungargarh and patta issued in favour of the petitioner was set aside on 12.09.1991

(3.) IN the plaint, it is further stated by the petitioner that he is resident of village Sudsar and, for the agriculture purpose, some times, he is going to village Likhmisar; but, in fact, he is residing in village Sudsar. On 16.02.1998, however, in his absence, the respondents took possession of the plot for which patta was issued in favour of the petitioner by the Gram Panchayat, Sudsar, therefore, as per the petitioner, he was illegally dispossessed and illegally was made over the plot by the respondents. Hence, it is prayed that decree may be issued in his favour and the respondents may be evicted from the plot in question and they may further be restrained from interfering in the peaceful possession of the petitioner.