- (1.) THIS is an appeal by Neelkanth Mali who was plaintiff in a suit brought by him against Mehta Jaganuath Singh and the State of Rajasthan. The suit was dismissed by the trial court. There was an appeal by the plaintiff which was also dismissed. Hence this second appeal.
(2.) THE plaintiff's suit was for a declaration of his title to a plot of land measuring 7 biswas was on which a house and a well stand in the city of Udaipur. He also asked for a permanent injunction restraining the defendants from dispossessing him from the property in dispute. Thy plaintiff claimed to be in possession or the property in dispute for a long time, and said that the defendants were trying to dispossess him on the basis of an order passed in St. 1999 for the acquisition at the land for construction of the Fateh High School building. His case further was that the land was never acquired for the Fateh High School, and remained in his possession all along. But in July 1947, the then Ruler of mewar ordered the grant of Bapi of the land in favour of Mehta Jagannath Singh. Thereafter the plaintiff was ordered to hand over possession to Mehta Jaganathh singh. The plain-tiff, however, did not do so, and gave notice to the State under section 80 of the Civil P. C. , and thereafter filed the present suit.
(3.) THE defendants did not dispute the plain-tiff's long and continuous possession of the property; nor was it disputed that the plaintiff was in possession of the property on the date on which he brought the suit. Their ease was that the plaintiff was only a Shikmi tenant of the property. The properly was acquired by the State, and thereafter it was given in Bapi to mehta Jagannath Singh, and consequently the plaintiff's suit must fail.;