- (1.) Both these second appeals have been filed by the appellants/plaintiffs, who are the legal representatives of original plaintiff, late Sh. Nana Nath Yogi, against the Municipal Board, Kapasan, and private defendants, viz. Gulam Rasul and legal heirs of Ibrahim, to whom plots out of disputed land were sold by Municipal Board, Kapasan.
(2.) The learned trial court of Addl. Munsif & Judicial Magistrate, First Class, Kapasan, District: Chittorgarh, vide the judgment and decree dated 18.05.1990 partly decreed the suit filed by the original plaintiff, Nana Nath Yogi, being Suit No.2/1990 (129/1979)- Nana Nath Yogi Vs. Ibrahim (D) through LR's & Ors., holding that the a particular piece of land was being used as 'graveyard' 1 by the plaintiff, and therefore, the defendant, Municipal Board, Kapasan, was injuncted not to interfere with the same. The relevant findings of the learned trial court partly decreeing the plaintff's suit are quoted herein below for ready reference: - 1641416-2
(3.) Being aggrieved by the judgment and decree of the learned trial court dated 18.05.1990, both plaintiff, Nana Nath Yogi, and defendant, Municipal Board, Kapasan, preferred separate appeals, being Appeal No.78/1993- Municipal Board, Kapasan Vs. Nana Nath Yogi & Ors. and Appeal No.79/1993- Nana Nath Yogi Vs. Municipal Board, Kapasan & Ors. These appeals came to be decided in favour of Municipal Board, Kapasan, vide judgment and decree dated 20.09.1994 with the following findings: - 1641416-3;