A.C.GOYAL,J. - (1.) This is second appeal under section 100 CPC against the judgment and decree dated 26.8.2002 whereby learned Additional District Judge No. 5, Jaipur City, Jaipur affirmed the judgment and decree dated 13.10.2000 by which learned Additional Civil Judge (Junior Division (sic Division) No. 4, Jaipur City, Jaipur dismissed the suit of the plaintiff for permanent injunction.
(2.) Brief facts are that the appellant-plaintiff filed a civil suit on 3.4.1992 with the averments that the disputed plot mentioned in para 6 of the plaint was allotted to him by Maharaja of Jaipur on 13.5.1967 and since then the plaintiff is in possession of the same as owner and he constructed a boundary wall and one tin-shed and established a 'Akhara'. It was next pleaded that the defendant- respondent-Municipal Corporation, Jaipur wants to dispossess him from the disputed plot. It was also stated that during the time of curfew, the allotment letter was lost and thereafter Maharani of Jaipur issued a certificate to hint on 4.3.1990.
(3.) The defendant did not appear after service of the summons. The learned Civil Judge after recording the evidence of the plaintiff dismissed the suit vide judgment dated 13.10.2000 on the ground that the plaintiff failed to prove his ownership. First appeal filed against that judgment was also dismissed on 26.8.2002.;