Arun Bhansali, J. - (1.) THIS second appeal under Section 100 CPC is directed against the judgment and decree dated 28.7.2012 passed by the District Judge, Pali, whereby the judgment and decree dated 30.8.2011 passed by the Civil Judge (Jr. Div.), Marwar Junction has been upheld.
(2.) THE facts in brief may be noticed thus: the plaintiff -respondent filed a suit for possession and permanent injunction regarding a plot situated at Village Aauwa. It was inter -alia claimed that an application dated 1.7.1969 was filed with the Gram Panchayat, Aauwa for issuing patta regarding which File No. 20/69 -70 was constituted and proceedings were held and it was required of the plaintiff to deposit sale price of Rs. 1,766.25 P. which was deposited on 30.12.1981; the then Sarpanch Prathvi Singh issued patta in favour of his relative defendant which was cancelled by the Gram Panchayat, Aauwa on 10.7.1991 and whereafter, the patta dated 1.9.1997 has been issued to the plaintiff. On 23.11.1999, the defendants taking advantage of plaintiffs' absence trespassed on the suit property and surrounded it by barbed wire and constructed a room over night. The plaintiffs were entitled for possession of the suit property. A written statement was filed by the defendants questioning the title of the plaintiffs and denied that they have trespassed on the land. It was claimed that the plot was of their possession and they had patta issued by Gram Panchayat; the possession was quite old; patta was issued in 1982 which could only be cancelled by the civil court; Gram Panchayat had no right to cancel the said patta; it was claimed that the patta issued in favour of the plaintiffs deserves to be cancelled. The objections relating to maintainability of the suit in absence of panchayat were also raised.
(3.) FROM the pleadings of the parties, the trial court framed eight issues. On behalf of the plaintiffs, six witnesses were examined and on behalf of the defendants, six witnesses were examined.;