- (1.) This civil second appeal has been preferred by appellant-plaintiff Bhika Ram being aggrieved by the judgment and decree dated 27.10.2010 passed by learned Additional District Judge No.3, Jodhpur in Civil Appeal Decree No.39/2010, whereby the appeal of the appellant-plaintiff was dismissed by the learned first appellate court and the judgment and decree dated 26.02.2010 passed by learned Civil Judge (Senior Division), Bilara, in Civil Original Suit No.38/2006 was maintained, whereby the learned trial court dismissed the suit of the appellant-plaintiff.
(2.) The brief facts of the case are that the appellantplaintiff filed a suit for permanent injunction against the respondent-defendants. It was averred in the plaint that the appellant-plaintiff's house in question as mentioned in the para No.1 of the plaint is situated in Indra Colony, Bilara and the appellant is having old possession over the plot in question. It was further averred that the appellant constructed latrine, chappra etc. over the plot in question and he is residing on the plot in question with his family members. It was further averred that the respondent-defendants issued a notice to the appellant to remove the construction made over the plot in question. Hence, the appellant-plaintiff filed the suit for permanent injunction to restrain the respondentdefendants from dispossessing the appellant from the plot in question and destroying the construction of the appellant. The respondent-defendants contested the suit by filing written statement, wherein they denied most of the averments made in the plaint. It was averred that the appellant-plaintiff is residing over the plot in question as a trespasser and he has got no patta or title in his favour regarding the plot in question and he has raised the construction without any permission. Further raising the objection regarding limitation and deficiency in court fees, the respondent-defendants prayed to dismiss the suit.
(3.) On the basis of the pleadings of the parties, the learned trial court framed as many as six issues and recorded the evidence. After hearing the arguments of the parties, the learned trial court dismissed the suit vide judgment and decree dated 26.02.2010. Being aggrieved by the judgment and decree passed by the learned trial court, the appellantplaintiff preferred an appeal before the learned lower appellate court, which too was dismissed vide the judgment and decree dated 27.10.2010.;