- (1.) Plaintiff-Municipal Board, Niwai is the appellant in this second appeal which has been filed against the judgment and decree dated January 28, 1999 of learned District Judge, Tonk reversing the judgment and decree dated February 1, 1994 of learned Civil Judge (Sr. Dn.), Niwai. The parties shall be referred hereinafter in the manner as they were arrayed in the suit.
(2.) Contextual facts depict that the learned Civil Judge (Sr. Dn.), Niwai passed decree in favour of the plaintiff restraining the defendants from interfering in suit land. Learned District Judge, Tonk however, reversed the decree holding that the defendants were in possession of the suit land and suit for permanent injunction was not maintainable. Being aggrieved by the reversal finding of the first appellate Court instant second appeal has been preferred.
(3.) This appeal raises following substantial question of law :- (i) Whether the extension of the Municipal limits by the notification in question duly published in the Rajasthan Gazette was not proper as held by the learned lower appellate Court ? (ii) Whether the learned lower appellate Court was not bound to take judicial notice of the aforesaid extension of the municipal limits and the area particularly the khasra No. 1890 in dispute was included within the municipal limits by the notification duly published in the Gazette ? (iii) Whether in the facts and circumstances the plaintiffs suit was not maintainable when admittedly the land belong to the plaintiff-Municipal Board and the allotment of the land in favour of Aladin was cancelled and the possession having been taken from Aladin having been proved, could the learned lower appellate Court hold that the defendants' were in possession of the land and as sueh the suit was not maintainable.";