The Trial Court, vide judgment dated 06.09.1988, dismissed the suit.
On his death, the respondents father companytinued to live therein during his lifetime and then on his death, the respondent inherited the suit land hut and companytinued to remain in its occupation till the date of filing of the suit.
The High Court, by impugned judgment, dismissed the appeal and upheld the judgment decree of the First Appellate Court giving rise to filing of the present appeal by way of special leave before this Court by the defendant, i.e., Nagar Palika.
It was alleged that Pokhar Ram then companystructed his hut on the suit land and companytinued to live therein during his lifetime.
They, however, need mention in brief infra.
The appellant filed second appeal before the High Court.
Facts of the case are simple so also the point involved in the appeal.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in the appeal.
While denying the respondents claim, the appellant inter alia alleged that the respondents grandfather was given some other land, that the grant so made in relation to the said land was cancelled and the money received was also refunded to him, that the suit land is a Nagar Palika land and the respondent with the help of some employees of the Nagar Palika got the suit land un authorizedly allotted to him, and lastly, the suit land is needed for public purpose.
The First Appellate Court, vide judgment decree dated 17.04.1989, allowed the appeal and while setting aside of the judgment decree of the Trial Court decreed the respondents suit and accordingly granted permanent injunction, as prayed by the respondent, against the appellant in relation to the suit land.
The appellant filed its written statement.
19 of 1988 arising out of Civil Suit No.28 of 1983 decided on 06.09.1988 passed by the Munsif and Judicial Magistrate, Raisinghnagar.
It was for this reason, the respondent filed the civil suit to seek permanent injunction against the appellant in relation to the suit land on the strength of Patta already granted in favour of his predecessor in title by the appellant.
The respondent plaintiff claiming to be the holder and in possession of the suit land on the strength of Patta issued in favour of his grand father Pokhar Ram by the appellant herein way back in the year 1957 vide Resolution No.7 dated 13.02.1957 filed a suit against the appellant out of which this appeal arises seeking permanent injunction restraining the appellant from dispossessing him from the suit land.
In substance, the case of the respondent, as set out in the plaint, was that the appellant Nagar Palika had originally allotted the suit land to the respondents grandfather Pokhar Ram as back as in 1957 against the payment of companysideration which had duly paid by Pokhar Ram to the appellant vide receipt No.51 dated 18.03.1957.
The First Appellate Court held that the respondents grandfather was granted Patta in relation to the suit land by the appellant that the appellant failed to prove that it was cancelled and pursuant thereto the respondents predecessor refunded the amount, that the Patta granted was in relation to the suit land, that the respondent was in possession of the suit land.
Issues were framed.
Heard Mr. Puneet Jain, learned companynsel for the appellant and Mr. Dushyant Parashar, learned companynsel for the respondent.
The respondent plaintiff , felt aggrieved, filed first appeal before the First Appellate Court.
The appellant is the defendant whereas the respondent is the plaintiff in the aforementioned civil suit out of which this appeal arises.
situated at Gaushala Block, Ward No.10 earlier known as E Block , Raisingh Nagar hereinafter referred to as the suit land .
The dispute relates to a small piece of land 100x100 sq.
The appellant is Nagar Palika Raisinghnagar Rajasthan .
Abhay Manohar Sapre, J. This appeal is filed by the defendant against the final judgment and order dated 03.11.2006 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Regular Second Appeal No.70 of 1989 whereby the High Court dismissed the appeal filed by the defendant and affirmed the judgment decree passed by the first Signature Not Verified Appellate Court dated 17.04.1989 in Appeal Civil Digitally signed by NEETU KHAJURIA Date 2017.10.11 160707 IST Reason No.
