UMESHWAR PANDEY, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal challenges the judgment and decree dated 7.11.2006 passed by the first appellate court whereby it has allowed the respondent -plaintiffs appeal and has decreed the suit for permanent injunction. The respondent came before the trial court with a case in his plaint that he is having possession over the disputed land area 150 sq. yard by virtue of an allotment by Gaon Sabha and that the said possession is continuing since 1987. The defendants were trying to disturb the possession in one or the other manner and therefore the relief. The suit was contested by the appellants defendants stating that the property in respect of which the plaintiff claimed his title is actually not belonging to him nor it was ever allotted in his favour by the Gaon Sabha. It is a piece of land, which has been duly allotted in the year 1994 for construction of Dr. B.R. Ambedkar Memorial. The plaintiff has no right to get the relief of permanent injunction from the Court.
(3.) THE trial court on the pleadings of the parties framed several issues and while giving its findings held that the property in question is not proved to be a property belonging to the plaintiff and that it is a land alloted for construction of Dr. B.R. Ambedkar Memorial. The trial court also did not find the possession of the plaintiff over the disputed land. Accordingly, it dismissed the suit.;