UIT JODHPUR Vs. INNOCENT

JUDGEMENT

(1.) HEARD learned Counsel for the parties. FACTS ABOUT CIVIL SECOND APPEAL NO. 91/2001 This appeal is directed against the judgment and decree passed by the Additional District Judge No. 3, Jodhpur in Civil Appeal No. 39/95 dated 5.12.2000.

(2.) THE first appeal filed by the present appellant UIT, Jodhpur was dismissed by the Additional District Judge, Jodhpur who affirmed the decree and judgment passed by the trial Court namely the Additional Civil Judge (Junior Division) and Judicial Magistrate No. 6, Jodhpur dated 7.3.1995.

(3.) NO written statement was filed by the defendants -appellants even after several opportunities and the right to file the written statement was ultimately closed by the trial Court. In response to the evidence led by the plaintiffs, no evidence in rebuttal was led by the defendants. In the trial Court it was argued that the land in question was not entered in the name of Dhula Ram or any other name in the land records and, therefore, they could not have created any rights in plaintiffs by transfers, and plaintiffs did not acquire any rights in the property. It was also claimed that after the alleged transfers, on 19.4.1978 the land in question was placed at the disposal of UIT by the State and it was mutated in the name of UIT. However, such pleas were not supported by any evidence. The trial Court in the absence of any contrary material has decreed the suit in toto.