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2013 Supreme(Raj) 1203

MOHAMMAD RAFIQ
Bacchu Singh – Appellant
Versus
State of Rajasthan through District Collector, Bharatpur – Respondent


Advocates:
For the Appellant:Devi Singh Choudhary, Advocate.

JUDGMENT

1. - This is plaintiff's second appeal under Section 100 of the Code of Civil Procedure preferred against the judgment and decree dated 16.02.2008 of learned Additional District Judge No.2, Bharatpur, in Civil Regular Appeal No.58/2004, whereby judgment and decree dated 20.02.2004 of learned Additional Civil Judge (Sr. Div.) No.4, Bharatpur, dismissing the Civil Suit No.115/1999, has been affirmed and the appeal filed by him has been dismissed.

2. Appellant filed a suit for permanent injunction against the respondents seeking a direction to restrain them from dispossessing him from the land in question. The appellant claimed that a patta was issued in his favour of abadi land situate in village Astawan, Tehsil Kumher, District Bharatpur on sale consideration of Rs. 1855/- on 12.09.1989 and thereafter gram panchayat granted him permission to raise construction. The plaintiff-appellant raised construction over it. The cause of action to file the suit arose when Tehsildar, Kumher, issued a notice under Section 91 of the Rajasthan Land Revenue Act for dispossession. Learned trial court dismissed the suit. The trial court framed as many as five issues and decided all of them aga







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