- (1.) THE present second appeal of defendants Mahesh Kumar and anr. is directed against the judgment and decree dtd.21.5.2012 passed by the learned Additional Dist. Judge, Churu in Civil Appeal decree No.4/2011 (2/2010) � Mahesh Kumar and anr. V/s Tara Chand and ors. whereby the learned lower appellate court affirmed the judgment and decree dtd.14.1.2010 passed by the learned Civil Judge (J.D.), Churu in Civil Original Suit No.37/2004 � Mahesh Kumar and anr. V/s Tara Chand and ors. whereby the learned trial Court decreed the suit of the plaintifff Tara Chand for permanent and mandatory injunction.
(2.) THE two courts below have decreed the suit for injunciton of the plaintiffs - respondents directing the defendants � appellants to remove their unauthorized possession and cabin on the public land. The learned counsel for the defendants - appellants Mr.N.L.Joshi submitted that the land in question is a public land and defendnats do not hold any patta, however, he submitted that in the patta produced by the plaintiff, since no road . on the western side is shown nor any gate is shown in the patta, both the courts below have erred in granting injunction in favour of the plaintiff. Mr.V.N. Kalla, strongly refuted these contentions and drawing attention of the court towards maps and photographs submitted that the appellants are mere encroachees and concurrent findings of two courts below do not require any interference. Having heard the learned counsel for the parties, and upon perusal of the reasons given by the courts below, this Court is satisfied that no substantial question of law arises in the present second appeal of the defendants. The concurrent findings of facts recorded by the courts below do not give rise to any substantial question of law. Accordingly, the present appeal of defendants Mahesh Kumar and anr. is found to be devoid of merit and the same is accordingly dismissed. No ordr as to costs. ;