- (1.) This civil second appeal preferred by appellantplaintiff Babu Khan is directed against the judgment and decree dated 14.12.2011 in Civil Appeal No.07/2009 passed by learned District Judge, Balotra, District Barmer, whereby the learned first appellate court dismissed the appeal filed by the appellant-plaintiff and affirmed the judgment and decree dated 30.09.2009 passed by learned Civil Judge (Junior Division), Siwana, District Barmer in Civil Original Suit No.10/2007, whereby the learned trial court dismissed the suit filed by the appellant-plaintiff for perpetual injunction.
(2.) The brief facts of the case are that the appellantplaintiff Babu Khan filed a suit before the learned trial court. It was averred in the plaint that the appellant-plaintiff is in possession of a plot situated at Khalsa Ki Vas in Village Siwana. The appellant-plaintiff is resident of Village Siwana since his ancestors and his father constructed a boundary wall around the plot in question about thirty years ago and he is in possession of the same as he is using the plot for keeping his building material. It was further averred that the appellantplaintiff applied for patta of the aforesaid plot in Gram Panchayat Siwana on 25.02.2000 and proceedings for allotting the patta are pending. It was further averred that the appellant-plaintiff obtained No Objection Certificate from the Gram Panchayat for getting electricity and water connections in the plot in question. It was further averred that on 03.07.2007, when the appellant-plaintiff was repairing one of the boundary walls of the plot in question, the respondentdefendants abused him in drunken condition. The respondent-defendants also abused him on 06.07.2007.
(3.) Hence, the appellant-plaintiff filed the suit for perpetual injunction in his favour and against the respondent-defendant not to interfere in the peaceful possession of the appellantplaintiff over the plot in question. The respondent-defendants filed written statement, wherein they averred that the plot in question has been purchased by the defendant No.2 from one Ratan Chand and he is having the possession of the plot in question.;