- (1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 16.03.2012 passed by Additional District Judge, Deedwana, District - Nagaur, whereby, the appeal filed by the respondents herein was allowed and the judgment and decree dated 29.10.2010 passed by Civil Judge (Senior Division), Deedwana, District - Nagaur was set aside and the suit filed by the respondents was decreed.
(2.) THE facts in brief may be noticed thus: the plaintiff Shyamlal (husband/father of the respondents) filed a suit for removal of encroachment, possession and permanent injunction against the appellants, inter alia, with the averments that the land marked A. B. C. D. was of his title possession and 'Pattasud' regarding which a Patta No.44/2, Misal No.150 dated 24.06.1958 was issued by defendant No.1 Sadik, who was the then Sarpanch of Gram Panchayat, Baliya; the plaintiff according to his convenience constructed three Halls on the eastern side of the land and constructed boundary wall marked A. E. F. D. admeasuring 128 X 79 feet and left E. B. C. F. admeasuring 21 X 128 feet open for his personal use for parking vehicles for his salt business and so that the way existing in Khasra No.436 is not obstructed; around 09.10.2005 , the defendants hatched a plan for trespassing on plaintiff's land marked E. B. J. I. and demolished the Gate, Stairs and constructed a new wall and trespassed thereon and, therefore, the plaintiff was entitled for demolition, possession and injunction against the defendants. A written statement was filed by the defendants denying the averments made in the plaint, it was claimed that the disputed land does not belong to the plaintiff and defendants are in possession thereof. The land is part of Khasra No.431, 432, 433, 434 and 435; the Patta being fraudulent has been cancelled and land of the defendants is situated on the Northern side of the plaintiff's land and, therefore, the suit filed by the plaintiff deserves to be dismissed.
(3.) THE trial court framed five issues. On behalf of the plaintiff, two witnesses were examined and certain documents were exhibited. On behalf of the defendants also two witnesses were examined and certain documents were exhibited.;