- (1.) This is a second appeal filed under Section 100 CPC by the plaintiff-appellant challenging the judgment and decree dated 29.03.2012 passed by the Additional District Judge (Fast Track) No.2, Beawar, Ajmer in Appeal No.03/2008 (16/2007) ; Shambhu S/o Shri Babu Vs. Gram Panchayat-Bari & Ors. whereby the appeal filed by the plaintiff-appellant against the judgment and decree dated 1.6.2007 passed by the Civil Judge (Jr. Division) Bijaynagar (Ajmer) in Civil Suit No.87/1991 (101/1992); Shambhu Vs. Gram Panchayat-Bari & ors. for permanent injunction, has been dismissed.
(2.) Briefly stated, the facts of the case are that the plaintiff-appellant filed a suit for permanent injunction against the defendants-respondents with the averments that plot situated in residential area of Village Bada Aasan, Gram Panchayat Bari, comprising of Khasra No.20 was purchased by him in the open auction. After depositing the amount, a patta was issued in his name and since then the disputed plot is in his possession. The defendants-respondents No.2 to 4 threatened him on 20.04.1994 to vacate the disputed premises and to remove his articles, therefore, he has filed the civil suit for permanent injunction seeking restraint order against the defendants not to dispossess him. Defendants-respondents filed a written statement and denied all the averments of the plaint with the further averment that a patta of the disputed plot was issued in the name of father of defendant No.2 Mahaveer Prasad and elder brother of defendant No.3 and 4 namely Rampal and Om Prakash respectively and thus the defendants No.2 to 4 are in possession of disputed plot since 1969. On the basis of the pleadings of the parties, the following 5 issues have been framed by the trial court : - 1640466-2 The plaintiff-appellant examined himself as PW-1 and further produced the documentary evidence Ex.1A. In rebuttal evidence, the plaintiff also examined himself. In defence, the defendants-respondents examined DW-1 Rampal, DW-2 Kalyan Mal and DW-3 Ishwar in evidence and produced 8 documents which have been exhibited as Ex.1A to 8A. On consideration of the entire evidence, the trial court decided the Issue No.1 and 2 against the plaintiff whereas the defendants were successful to prove the Issue No.3 and 4A and further Issue No.4 was decided against the defendants. Consequently, the trial court dismissed the civil suit for permanent injunction vide the judgment and decree dated 1.6.2007. Against the aforesaid judgment and decree dated 1.6.2007, the plaintiff-appellant filed an appeal before the appellate court which has also been dismissed on 29.3.2012 by it confirming the findings on Issue No.1 and 2 against the plaintiff and in favour of the defendants on issue No.3 and 4A as they were successful to prove the same. The finding of the trial court on Issue No.4 was also affirmed.
(3.) Submission of the learned counsel for the plaintiff-appellant is that the patta granted in his favour has not been cancelled so far, therefore, he has a right to take possession of the land and is further entitled for decree of permanent injunction in the civil suit.;