RAMCHANDRA SINGH JHALA,J. - (1.) This second appeal has been preferred by the appellant against the judgment and decree dated 22.8.1994 passed by Additional District and Sessions Judge No. 2, Udaipur in Civil First Appeal No. 7/92 whereby the appeal filed by the appellant was dismissed and upheld the judgment and decree dated 1.6.1992 passed by the Munsif and Judicial Magistrate 1st Class Salumber in Civil Original Case No. 17/81 whereby the suit filed by the appellant was dismissed.
(2.) Brief facts of the case are that on 18.2.1981 the appellant filed a civil suit for injunction before the trial court on the ground that he is in peaceful possession of disputed land and the said land does not fall within the jurisdiction of respondent-Municipal Board, Salumber, but the defendant, without jurisdiction, is going to dispossess him from disputed land, so injunction may be granted against the respondent-defendant. The defendants disputed all the facts mentioned in suit and contended that the disputed land is situated in municipal area and Municipal Board, Salumber is owner of the disputed land and plaintiff has made encroachment over the said land, so the defendant removed the encroachments made by the plaintiff on the disputed land on 3.11.1971, however, the plaintiff again unauthorisedly gained possession of the said property for which the defendants registered a case against the plaintiff. The defendant also stated in the written statement that the plaintiff did not give two months' notice to the defendant under Section 279 of the Municipalities Act. The defendants also stated in their reply that they have right to remove the encroachments made over the said land and prayed that the suit filed by the plaintiff may be rejected.
(3.) The trial court after going through the material and evidence available on record framed the followed issues:-;