RAMCHANDRA SINGH JHALA,J. - (1.) This second appeal has been filed by the appellant-plaintiff against the judgment and decree dated 16.9.2008 passed by learned Additional District Judge (Fast Track) No. 2, Hanumangarh, H.Q. Nohar in Civil Appeal No. 8/2008 whereby the appeal filed by the appellant-plaintiff has been dismissed while upholding the judgment and decree dated 23.01.2001 passed by learned Civil Judge (Junior Division), Rawatsar in Civil Suit No. 190/1996 (11/93).
(2.) Brief facts of the case are that the appellant-plaintiff filed a suit for mandatory and permanent injunction stating therein that the appellant-plaintiff is owner and in possession of the Nohra i.e. the suit property. The said plot of Nohra was purchased by his father on 16.4.1960 from the Gram Panchayat Rawatsar and a patta whereof had been issued in the name of his father and possession was handed over to him and after partition the said Nohra came in the share of appellant-plaintiff and he constructed a kotha in the said Nohra wherein he used to keep his cattle and domestic wood etc. For last 30 years, the appellant-plaintiff and his father are in possession of the said suit property. On 11.01.1993 the Tehsildar inspected the said Nohra and informed the plaintiff that his Nohra is illegal, therefore, within one week the plaintiff shall vacate the same otherwise by the help of police he will be evicted from the said Nohra. The appellant-plaintiff shown the patta and asked about his possession since 1960 but the respondents denied the same.
(3.) In written statement the respondent-defendants denied the ownership and possession of the plaintiff. It is stated that the land in dispute belongs to Mandi Vikas Samiti, Hanumangarh and in the area of Mandi, the Gram Panchayat has no right to issue patta, therefore, the patta issued in favour of the appellant-plaintiff is null and void.;