RAMESHWAR DAYAL Vs. SATYA NARAIN

JUDGEMENT

(1.) THIS is second appeal filed by the plaintiff-appellant under section 100 of the Code of Civil Procedure against the judgment and decree dated 20/3/2009 passed by Additional district Judge, Baran in Civil Appeal No. 14/2006 whereby the judgment and decree dated 15/2/2006 passed by Civil Judge (Junior Division), Anta, District Baran has been affirmed by which the suit of the plaintiff for mandatory and prohibitory permanent injunction was dismissed.

(2.) THE controversy involved in the present matter in nut shell is that the plaintiff claims himself to be the owner of the disputed plot on the basis of the patta issued to him by the gram Panchayat Palayatha on 13/1/1999 whereas according to the defendants the said patta is bogus one since it was got issued in favour of the plaintiff with connivance of the Gram panchayat and otherwise also the said 'patta' was cancelled by the resolution dated 26/6/1999 passed by the Gram Panchayat.

(3.) ON the basis of the pleadings of the parties, the trial court framed the issues and after recording the evidence and hearing the parties dismissed the suit of the plaintiff. The appeal preferred by the plaintiff-appellant was also dismissed by the first appellate court and the judgment and decree of the trial court was affirmed. Hence, this second appeal by the plaintiffappellant.