HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No.187/2020

1.

Ganeshnarayan Saini S/o Late Shri Gulab Chand @ Gulla, aged

about 63 years, R/o Near 22 Godown Phatak Patel Nagar

Road, Civil Line Zone, Police Station Sodala Jaipur Raj.

2.

Mukesh Saini S/o Shri Ganeshnarayan Saini (Died During

Pendency of Suit), R/o Near 22 Godown Phatak Patel Nagar

Road, Civil Line Zone, Police Station Sodala Jaipur Raj.

2/1..

Smt. Anju Saini W/o Late Shri Mukesh Saini @ Bhanwani

Shankar Saini, aged about 42 years R/o Near 22 Godown

Phatak Patel Nagar Road, Civil Line Zone, Police Station Sodala

Jaipur Raj.

----Appellants-plaintiffs

Versus

Jaipur Municipal Corporation, Jaipur through its Mayor, Municipal

Corporation Office, Lalkothi, Tonk Road, Jaipur.

----Respondent-defendant

For Appellant(s)

:

Mr. R.K. Daga, Advocate

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

Date of Order

:::: 24^th of January, 2023

***

Instant second appeal has been preferred on behalf of the

appellants-plaintiffs under Section 100 of the Civil Procedure Code,

1908 challenging the judgment & decree dated 04.03.2020 passed by

the Court of Additional District Judge, No.4, Jaipur Metropolitan, Jaipur

(hereinafter referred to as “the Appellate Court”) in Civil Appeal

No.23/2019 titled as Ganeshnarayan Saini & Others Vs. Nagar Nigam,

Jaipur, whereby the Appellate Court had dismissed the said appeal &

affirmed the judgment & decree dated 17.09.2019 passed by the Court

of Additional Senior Civil Judge cum Additional Chief Metropolitan

(2 of 5)

[CSA-187/2020]

Magistrate No.5, Jaipur Metropolitan, Jaipur, (hereinafter referred to as

‘the trial Court’) in Civil Suit No.29/2005 titled as Ganeshnarayan Saini

& Others Vs. Nagar Nigam, Jaipur.

The appellants-plaintiffs had instituted a civil suit against

the respondent-defendant seeking permanent injunction in respect of

the disputed land alleging therein that their ancestral land was situated

nearby 22 Godown, Jaipur and their ancestors were in possession of the

land for more than 100 years and an electric connection was also

obtained in year 1967 and their predecessors, namely Gulab Chand @

Gulla deposited a hasil on 16.06.1941 to the Rajasthan Sawai Jaipur

and registration under the Shops & Establishment Act was also issued

by the authority concerned, and the Municipality, Jaipur had also issued

licence. Thereafter, license was issued in the name of “Siyaram

Bhojnalaya” in year, 1992. The appellants-plaintiffs are in possession of

their ancestral property, which is neither part of the road nor part of any

footpath nor belongs to the Municipal Corporation, inspite thereof, the

Officers of the Municipal Corporation threatened the appellants for

dispossession.

The said suit was opposed by the respondent-defendant by

submitting a written-statement, denying the allegations and further

contending inter-alia that the plaintiffs were not in possession of the

disputed land for 100 years and they started running business only

some time back on the illegally encroached public footpath measuring

around 57x12 by the name of “Siyaram Bhojnalya” for which the

respondent has sent a notice to the plaintiffs asking him to produce

documents regarding ownership and title but the plaintiffs did not

provide any document.

The appellants-plaintiffs have filed rejoinder.

(3 of 5)

[CSA-187/2020]

The trial Court, after appreciating the evidence on record,

dismissed the suit vide its judgment & decree dated 17.09.2019 against

which the appellants-plaintiffs had preferred an appeal before the

learned Appellate Court. The said appeal came to be dismissed vide its

judgment and decree dated 04.03.2020. Hence, this appeal.

During the course of arguments, learned counsel appearing

for the appellants-plaintiffs, has placed reliance upon the following

judgments :