2002 Supreme(Raj) 1295
RAJESH BALIA, O.P.BISHNOI
UIT Jodhpur – Appellant
Versus
Innocent – Respondent
Advocates:
For the Appellant in Appeal No. 91/2001:Mr. Dinesh Maheshwari, Advocate.
For the Respondents in Writ No. 3736/2001:Mr. M.S. Singhvi, Advocate.
For the Petitioner in D.B. Civil Writ Pet. No. 3736/2000:Mr. S.N. Sharma, Advocate.
JUDGMENT
1. - Heard learned Counsel for the parties.FACTS ABOUT CIVIL SECOND APPEAL NO. 91/2001
1. This appeal is directed against the judgment and decree passed by the Additional District Judge No. 3, Jodhpur in Civil Appeal No. 39/95 dated 5.12.2000.
2. The first appeal filed by the present appellant UIT, Jodhpur was dismissed by the Additional District Judge, Jodhpur who affirmed the decree and judgment passed by the trial Court namely the Additional Civil Judge (Junior Division) and Judicial Magistrate No. 6, Jodhpur dated 7.3.1995.
3. A civil suit was filed by the plaintiffs-respondents No. 1 to 6 somewhere in 1990 for restraining the UIT, Jodhpur from interfering with the land comprised in Khasra No. 771 measuring 54.4 bighas. According to the claim of the plaintiffs, the land in question was sold by Dhula Parihar on 4.7.1966 to one Ved Prakash. The said Ved Prakash transferred that land in favour of Late Patric Viscent and the plaintiffs-respondents No. 1 and 2 on 27.9.1966 by a registered sale-deed and the purchasers were put in possession of the land on the same date. The said Patric Viscent died on 30.8.1989. Plaintiffs No. 3 to 6 are heirs and legal representatives of said
Click Here to Read the rest of this document