PRAKASH GUPTA,J. - (1.) This second appeal is directed against the judgment dated 16th April, 2009 passed in Civil Regular Appeal No.52/2008 (36/2003) by Additional District and Sessions Judge (Fast Track) No.4, Bharatpur, head quarter at Deeg (hereinafter referred to 'the lower appellate court') whereby the appeal filed by the plaintiffs-appellants against the judgment and decree dated 22nd May, 2003 passed by Civil Judge (Jr.Div.) City, Bharatpur (hereinafter referred to as 'the trial court') in Civil Suit No.64/1994 was dismissed and the judgment and decree passed by the trial court was confirmed.
(2.) Brief facts giving rise to this appeal are that the original plaintiff Phooli Ram @ Mooliram filed a suit for permanent injunction wherein it is stated that the property described in para No.3 of the plaint and marked as 'ABCDE' belongs to the plaintiff on which he had constructed four shops and the plaintiff is in possession over the for last 40 years. The said construction of shops was carried out by him after obtaining sanction dated 2nd January, 1990 from the Municipal Board, Nagar. The defendants threatened the plaintiff to dispossess him from the disputed land and demolition of the construction raised by him on the disputed land. Hence, it was prayed that the suit of the plaintiff be decreed for permanent injunction against the defendants.
(3.) The suit was resisted by defendants Nos. 5 and 6 by filing written statements wherein it is stated that the construction which was raised was contrary to the sanction dated 2nd January, 1990 and the same was lateron cancelled. The plaintiff is neither having any title nor legal possession on the disputed land. The land measuring 13 feet x 57 feet upon which construction was raised is a government land.;