STATE OF RAJASTHAN Vs. VIRENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties on an application under Order 22 Rule 4 CPC due to death of sole respondent. Learned counsel for the legal representatives of respondent has no objection in allowing the application. Accordingly, this application is allowed and the legal representatives of sole respondent are taken on record. Amended cause title already filed is taken on record. At the request of learned counsel for the parties, the appeal is finally heard.

(2.) The appellant is aggrieved against concurrent finding of facts recorded by two courts below in judgments and decrees dated 22.7.2002 and 24.2.2005. The trial court granted the decree for perpetual injunction in favour of the respondent/plaintiff which was affirmed by the first appellate court.

(3.) It appears from the facts of the case that the plaintiff filed suit for injunction on the ground that the plaintiff is owner of the property in dispute as he was granted patta for the land in dispute by the then Jagirdar on 13.12.1955 in the patta file no.201/55. The said property was partitioned also and the plaintiff is in possession of the property which came in his share. The patta was also produced even before Jagir Commissioner for which there were entries made in the Register. The appellants wanted to evict the plaintiff from the land in dispute, therefore, the plaintiff filed the suit for injunction.