HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 168/2010

Bhanwar Lal son of Rampratap, resident of Bonli, Hal abad 170,

Maharana Pratap Colony, Sawai Madhopur

---- Plaintiff- Appellant

Versus

1. Lallu Lal son of Rampratap resident of Bonli, hal Girdawar

Peepalwada, Tehsil bonli, at 75, Balmandir Colony, Sawai

Madhopur.

2. Rambilas son of Rampratap, resident of 75, Balmandir Colony,

Sawai Madhopur.

3. Hariballabh son of Rampratap, resident of near Shiv Mandir

park, 204, Maharana Pratap Colony, Sawai Madhopur.

4. Ramesh chand son of Ram Pratap, resident of Bonli, hal

Patwari Mitrapura, at present 203, Maharana Pratap Colony,

Sawai Madhopur.

5. Kamlesh Kumar son of Ram Pratap, resident of bonli, District

Sawai Madhopur, at present Patel Nagar, Ranthambor Road,

Sawai Madhopur.

---- Defendants-Respondents

For Appellant(s)

:

Mr. M.K. Jain

For Respondent(s)

:

Mr. Amit Jindal

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

JUDGMENT RESERVED ON

: 26/04/2022

JUDGMENT PRONOUNCED ON

: May _2nd_, 2022

BY THE COURT:

1.

Appellant-plaintiff (hereinafter referred as "plaintiff") has

preferred this second appeal under Section 100 CPC, assailing

judgment and decree dated 22-2-2010 in Appeal No.31/2000,

passed by District Judge, Sawai Madhopur dismissing appeal and

affirming the judgment and decree dated 29-4-2000 passed by

(2 of 10)

[CSA-168/2010]

Civil Judge (Junior Division) Bonli in Civil Suit No.3/1998 whereby

and whereunder plaintiff’s suit for permanent injunction has been

dismissed.

2.

The dispute in the present appeal is between brothers of one

family. The plaintiff is claiming his sole ownership and exclusive

possession over the plot in question allotted by Gram Panchayat

Bonli in his name, whereas, defendants have contended that the

plot in question was allotted along with other adjoining three plots

and total four plots were allotted by Gram Panchayat to their

father. At the time of allotment of all four plots, one plot was

allotted in the name of their father and allotment of other three

plots were made in the name of three major sons as three other

sons were minor at that time. According to defendants all four

plots are situated adjoining to each other and joint property of the

family, surrounded by pakka boundary-wall. There is no exclusive

and separate possession of plaintiff over the plot in question,

allotted in his name.

In the backdrop of aforesaid dispute both courts below have

recorded findings of fact that the plaintiff could not prove his

exclusive possession over the plot in question and the plot in

question has been found to be situated in middle of other three

plots, and that all four plots have been surrounded by pakka

boundary-wall in a joint situation. Hence, civil suit for permanent

injunction filed by appellant-plaintiff, against his five brothers-

defendants, was dismissed.

3.

This court admitted the present appeal on 21-3-2018 on

following substantial question of law:-

(3 of 10)

[CSA-168/2010]

“Whether the impugned judgment passed by the first

appellate court is vitiated as the same is non speaking?”

4.

The facts of case are that plaintiff filed a civil suit claiming

therein that the plaintiff has no house in Bonli and on the basis of

his old possession on bada, a plot having size of 12X15=180

square yards was allotted to plaintiff by Gram Panchayat on

22.04.1973, of which najrana was deposited by him and later on,

due to having possession on some excess land area, revised patta

dated 14.10.1989 for 55X40=2200 square feet, was issued. The

said plot was covered by boundary wall and that northern south

wall was Kham, which was covered by bushes. It has been alleged

that defendants were not interested to give plaintiff’s share in the

joint properties, and defendants want to dispossess the plaintiff

from his p