- (1.) THIS second appeal is directed against judgment and decree dated 07.05.2012 passed by Additional District Judge No.1, Udaipur, whereby, the appeal filed by the appellants against judgment and decree dated 16.05.2002 passed by Additional Civil Judge (Senior Division) No.1, Udaipur was dismissed and the dismissal of the suit filed by the appellants was affirmed.
(2.) THE facts in brief may be noticed thus : the appellants - plaintiffs' father Om Shanker filed a suit on 15.09.1992 against the respondent -State and local authorities for declaration and permanent injunction with the averments that plaintiffs' house was situated at Delhi Gate, Udaipur; the same was acquired by him by way of partition dated 21.07.1969 and in 1984 he applied for permission to raise construction with the Municipal Council, Udaipur alongwith a map; when though permission was granted but qua a part of the map towards main road, permission was not granted; while construction was raised as per the permission granted, the portion, regarding which, the permission was not granted was let out; the tenant put up tin sheds therein, which were removed by the local authorities alongwith District Administration treating the same as encroachment and on the said land, road alongwith a drain was constructed and in fact the respondents have trespassed on the said land, which the plaintiff was entitled to be removed and seek back the possession. Written statements were filed by the Municipal Council, Udaipur and Urban Improvement Trust, Udaipur; in written statement it was claimed that the land vests in the local authority and as encroachment was made on the said land, the same was rightly removed.
(3.) THE trial court framed six issues and on behalf of the plaintiff two witnesses were examined and several documents were exhibited. No evidence was produced by the defendants and no documents were filed, whereafter they were set ex parte.;