S.P.PATHAK,J - (1.) THIS is civil second appeal under Order 41 Rule 1 read with Section 100 & 101 C.P.C. against the judgment and decree dated 14.5.2009 passed by Additional District Judge, Chhabra, District, Baran (Raj.) in Civil Appeal No.06/2007 whereby he dismissed the appeal filed by the appellantdefendant and maintained the judgment and decree dated 16.1.2007 passed by Civil Judge (Sr.Div.), Chhabra in Civil Suit No.28/2000.
(2.) BRIEFLY stated the facts necessary for the disposal of this appeal are that respondent-plaintiff (hereinafter referred to as the plaintiff) filed a suit for permanent injunction alleging therein that he purchased the suit land from one Radhey Shyam on 4.4.1980 and defendant-appellant were bent upon to take possession of the suit land and to sell the suit land therefore put it on auction without having any right or ownership in the disputed piece of land. A prayer was made for permanent injunction to restrain the defendant-appellant not to auction/confirmation of the sale of the suit land. The defendants in their written statement denied the averments made in the plaint and stated that land belongs to Panchayat, therefore, the plaintiff was having no right on the suit land and the suit was liable to be dismissed. The learned trial court on the basis of pleadings of the parties framed five issues including the relief and after recording evidence of both sides and on hearing final submissions decreed the suit vide its judgment and decree dated 16.2007. The defendant having dis-satisfied with the aforesaid judgment and decree preferred regular appeal, which came to be decided by learned Addl. District Judge, Chhabra, District, Baran, who vide judgment and decree dated 14.5.2009 dismissed the appeal and maintained the judgment and decree passed by the trial court. Hence this second appeal has been preferred. It is contended by the learned counsel that the trial court as well as the appellate court both committed illegality in appreciating the evidence and considering the land not of the defendant-appellant, therefore, in the present appeal substantial question of law involved is that as to whether the trial court was justified in decreeing the suit and the learned appellate court committed no illegality in upholding the judgment and decree passed by the trial court.
(3.) I have carefully considered the submissions and perused the record.;