PRAKASH TATIA, J. - (1.) HEARD learned Counsel for the appellant.
(2.) THE plaintiffs filed a suit for possession on the basis of patta dated 19.03.1948 alleging that originally patta was granted by the Erstwhile State of Jodhpur. However, the patta was lost, therefore, new patta was obtained on 19.03.1948. The plaintiffs in their plaint admitted that 15 years before filing of the suit, another patta was issued by Gram Panchayat, Borawar despite the fact that the plaintiffs were in possession of the suit property. The patta holder sold the property and on the strength of said patta and sale deed, the defendants entered upon the property in dispute in 1976. The plaintiffs challenged the sale deed as well as patta issued subsequently by the Gram Panchayat, Borawar.
(3.) THE defendants submitted written statement and pleaded that the plaintiffs were never in possession of the property nor the Jagirdar of Erstwhile State of Jodhpur had a right to grant patta. The defendants also pleaded that they purchased the property and thereafter, raised construction of the boundary wall and they are living in the property as owners of the property. The trial Court dismissed the suit of the plaintiffs by judgment and decree dated 27.08.1998 after considering the oral and documentary evidence produced by both the parties. The trial Court held that the defendants proved that there was a person named Kundan Mal and he sold the property to the defendants. The trial Court also observed that the plaintiffs filed suit after 16 years from the date of issuance of patta in favour of the defendants and, therefore, the plaintiffs failed to prove that the property in question was their pattasud land.;