JAINENDRA KUMAR RANKA,J. - (1.) This second appeal has been filed against judgment and decree dated 25.7.2015 passed by Additional District Judge, Ramganjmandi, District Kota, in Appeal No.7/2009 filed by the appellant, by which the judgment and decree dated 21.4.2009 passed by Civil Judge (Jr. Div.), Kanwas Distt. Kota, has been affirmed.
(2.) Facts of the case in brief are that a suit for permanent injunction against the appellant was filed by the respondent/plaintiff with the averments that plaintiff is having patta of the land as described in the plaint, which was allotted to him by Gram Panchayat Kanwas, and is in possession of the land. It is further averred that on the southern side of the land, agricultural field of Ilahi Baksh, father of the Defendant/appellant exist and with the intention to grab the land of plaintiff, the defendant/appellant misbehaves, uses force and harasses the appellant/plaintiff and obstructs in raising construction on the land. Therefore, the plaintiff filed suit with the prayer to restrain the defendant by issuing permanent injunction against the defendant.
(3.) In his written statement filed by the defendant/appellant along with counter claim, the appellant denied the contents of the plaint and it has been averred that the land in dispute is an agricultural land and the plaintiff obtained the patta in respect of the same illegally in association with Gram Panchayat, and prayed for dismissal of the suit by cancelling the patta issued by the Gram Panchayat in favour of the plaintiff.;