RAMJILAL Vs. CHAIRMAN NAGAR PALIKA

JUDGEMENT

(1.) THIS is second appeal by the appellant-plaintiff under section 100 of the Code of Civil Procedure against the concurrent judgment and decree dated 18/12/2008 passed by additional District Judge No. 2, Kishangarh-Bas Camp Tijara, district Alwar in Civil Appeal No. 17/2008 whereby the judgment and decree dated 18/9/2008 passed by Civil Judge (Junior division), Tijara was affirmed by which the suit of the plaintiff for permanent injunction was dismissed.

(2.) THE controversy involved in the present matter in nut shell is that the appellant-plaintiff claims himself to be the owner of the disputed property on the ground that he had purchased the disputed property and he is in possession over the disputed property since last 20-25 years whereas according to the defendants the plaintiff is an encroacher on the government land and therefore the possession and construction of the plaintiff over the disputed land is illegal.

(3.) THE trial court on the basis of the pleadings of the parties framed the issues and after recording the evidence and hearing the parties dismissed the suit of the plaintiff holding that however, the plaintiff is in possession over the disputed land but his possession is not legal as he never made any application before he competent authority of the defendants for regularization of disputed property and therefore the trial court found that the plaintiff is encroacher over the government land having illegal possession and therefore the suit of the plaintiff was dismissed.