Instant S.B. Civil Second Appeal challenged civil appeals affirming trial court decrees. Courts held disputed land was revenue land, not municipal, rejecting plaintiff's claims for permanent injunction due to lack of title/municipal status proof. Appeal rejected.
Appeal rejected. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
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S.B. CIVIL SECOND APPEAL NO. 140 / 2017.
Gautam Chand S/o Lalit Kumnar, Aged About 36 Years, By Caste Raiger, Resident of Mohalla Badali, Nagaur, Tehsil & District Nagaur (Raj.) ----Appellant/Plaintiff
Versus
_____________________________________________________ For Appellant(s) : Mr. Harish Purohit.
Mr. Zubin Ahmed. Mr. Harshwardhan Singh.
JUSTICE DINESH MEHTA
Judgment
14/05/2018
The preset appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant-plaintiff, oppugning the judgment and decree dated 19.04.2017 passed by the learned Additional District Judge No.1, Nagaur (hereinafter referred as the “Appellate Court”) in Civil Appeal Decree No. 01/2016, whereby the judgment and decree dated 11.02.2016 passed by the learned Additional Civil Judge, Nagaur (hereinafter referred as the “Trial Court”) in Civil Original Suit No. 91/2011, has been affirmed.
The brief facts giving rise to the present appeal are that the appellant-plaintiff had filed a suit for permanent injunction against the defendants, in relation to the disputed property situated in Ward No. 32 of Mohalla Badli, Nagaur.
(2 of 4)
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The plaintiff questioned the action of the defendants and their attempt to evict him from their possession and construction, as according to them, the area fell within the municipal limits, for which, the defendants – The State Government and the Tehsildar, Nagaur did not have the jurisdiction.
On the basis of the pleadings of the parties, the Trial Court had framed the following four issues:-
Out of the four issues aforesaid, issue No. 3 was in relation to the jurisdiction of the defendants.
The plaintiff has failed to lead any evidence, worth the name, evincing that the area in question was within the jurisdiction of Municipal Board, Nagaur. On the contrary, the defendants produced the evidence showing that the land in question was a revenue land.
DW-1 Ramjas appeared on behalf of the defendants and submitted that the disputed property is situated in khasras No.
(3 of 4)
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486 and 489 of gair-mumkin rasta and khasra No. 488 is situated in Angor and the same was Government Land and not available for allotment.
In wake of the evidence and in absence of the documentary evidence, the learned Trial Court had decided the issue No. 3 against the plaintiff, holding that the plaintiff has failed to prove that the land in question falls within the municipal limits of Nagaur. The Trial Court also decided the issues No. 1 & 2 against the plaintiffs and held that the plaintiff has failed to prove title or long possession over the land.
The plaintiff filed an appeal against the above referred judgment and decree and the learned Appellate Court also affirmed the findings of the Trial Court, qua issue No.3, and held that the land in question was a revenue land instead of the municipal land, as claimed by the plaintiff. The Appellate Court affirmed the other findings also.
The fact or the issue, as to whether the contentious land falls in the municipal area or the same is revenue land, is essentially a question of fact, duly determined on the basis of the pleading and evidence available on record.
Both the Courts below have concurrently held against the plaintiff. No question, much less, substantial question of law is involved in the present appeal.
The appeal is thus rejected. No order as to costs.
(DINESH MEHTA), J.
(4 of 4)
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/Mohan/62
2 issues framed by the court
Whether the land in question falls within municipal limits of Nagaur or is revenue land.
Whether the appellant failed to prove title or long possession over the land.
1 provisions across 1 enactments
Gautam Chand
The State Through District Collector, Nagaur
Tehsildar, Nagaur
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
