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2015 Supreme(Raj) 1044

P.K.LOHRA
Dalpat Singh – Appellant
Versus
Sarpanch – Respondent


Advocates Appeared:
For the Appellant : Shambhoo Singh
For the Respondents: H.R. Bishnoi

JUDGMENT :

P.K. Lohra, J.

Appellant-plaintiff has preferred this second appeal under Section 100 CPC to challenge the judgment and decree dated 10.05.2010 passed by District Judge, Sirohi (for short, 'learned first appellate Court'), whereby learned first appellate Court has dismissed his appeal affirming the judgment and decree passed by Civil Judge (Junior Division) Sheoganj (for short, 'learned trial Court').

2. The facts, necessary and germane to the matter, are that at the threshold appellant-plaintiff laid a suit for declaration of title and permanent injunction before the learned trial Court. In the suit, it is, inter-alia, averred that a plot situated behind the back side of Arathwara Road Maliyon-Ki-Gali is owned by him and he is also in possession of the said plot. It is specifically pleaded in the plaint that the said plot is in possession of his ancestors since long. The requisite details about the measurement and neighbourhood of the plot were mentioned in the plaint. In order to get a valid title, i.e., issuance of Patta, as per the appellant-plaintiff, he laid an application before the first respondent. In the plaint, it is also averred that second respondent has unauth











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