MUNICIPAL COUNCIL, NATHDWARA Vs. RATAN SINGH

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the material available on record.

(2.) The instant civil second appeal under Section 100 CPC has been preferred by the appellant Municipal Council, Nathdwara for assailing the judgment-cum-decree dated 21.04.2018 passed by the learned Additional District Judge, Nathdwara in Civil First Appeal No. 7/2016 (CIS No. 7/2016) whereby the first appeal preferred by the appellant-defendant against the judgment-cum-decree dated 28.05.2016 passed by the learned Senior Civil Judge, Nathdwara in Civil Original Suit No. 09/2015 (Ratan Singh v. Municipal Council, Nathdwara) was dismissed and the judgment-cum-decree passed by the learned trial Court whereby suit for permanent and mandatory injunction was granted in favour of the respondent-plaintiff, was affirmed.

(3.) I have heard and perused the material available on record. The plaintiffs filed the suit in question for seeking relief of permanent and mandatory injunction stating therein that they were having ownership and possession over a plot situated as per the neighbourhood mentioned in the suit. The plot was conferred to Shri Kalu Singh, father of the plaintiff by the Temple Board, Nathdwara in form of Taliya on 03.07.1959 and ever since then, the plaintiffs' father and plaintiff were in use and occupation thereof. Boundary wall and a room had been constructed on the plot in question and that the defendant Municipal Council, Nathdwara was trying to forcibly dispossess them. A portion of the boundary wall of the plaintiffs was demolished on 27.12.2011 by the employees of the defendant Municipal Council, Nathdwara. The trial Court considered the entire material available on record and formulated the following issues for consideration:-