[2023/RJJD/002880] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 210/2022 Kashmir Singh S/o Shri Mohan Singh, Aged About 74 Years, B/c Jat Sikh, Resident of 05 C.C., Tehsil Padampur, District Sri Ganganagar. (Raj.)
----Appellant Versus Paramjeet Singh S/o Shri Bhagat Singh, B/c Mehra, Resident of 05 C.C., Tehsil Padampur, District Sri Ganganagar (Raj.).
----Respondent
For Appellant(s) : Mr. H.R. Chawla
For Respondent(s) : --
HON'BLE MS. JUSTICE REKHA BORANA
Order
30/01/2023
The present second appeal has been preferred against the judgment and decree dated 28.05.2022 passed by the Additional District Judge, Sri Karanpur in Civil Appeal No.11/2019 whereby the appeal against the judgment and decree dated 27.05.2019 passed by the Senior Civil Judge, Padampur, District Sri Ganganagar has been dismissed.
The case of the appellant/plaintiff before the learned Courts below was that he was allotted patta by the Gram Panchayat for a plot measuring 50x100 sq.ft. Out of the said plot, he sold out an area of 49x50 sq.ft. to Paramjeet Singh, defendant and further 51x37 sq.ft. to one Kalu Ram. Meaning thereby, a plot of size 51x13 sq.ft. remained in his ownership and possession. The cause of action alleged to be in the present suit was that Paramjeet Singh tried to encroach upon the land measuring 51x13 sq.ft., (Downloaded on 31/01/2023 at 10:23:27 PM) [2023/RJJD/002880] (2 of 3) [CSA-210/2022] which was of the exclusive ownership and possession of the plaintiff.
Both the learned Courts below have found that Paramjeet Singh was in possession of the land measuring 49x50 sq.ft. only which was admittedly sold by the plaintiff Kashmir Singh to him. Therefore, the suit of the plaintiff for injunction preferred against the defendant was dismissed by the Trial Court and the findings thereof were affirmed by the Appellate Court.
Heard learned counsel for the appellant and perused the record.
A perusal of the record shows that the plaintiff Kashmir Singh in his cross-examination specifically admitted as under:-
"ijethr flag ekSdk ij 49X50 QqV txg ij dkfct gSA tksgM+ ds ikl dksbZ [kkyh txg ugha gSA fQj dgk fd gekjh txg 51X13 QqV gSA"
Meaning thereby, it was the specific admission of the plaintiff himself that the defendant Paramjeet Singh was in possession of the land measuring 49x50 sq.ft. only. Further, in his cross- examination, he specifically admitted that just adjoining the land sold to the defendant Paramjeet Singh, his residential house is constructed in the remaining area where he is residing since 1974- 1975. It is also admitted on record that the area of the land sold to Kalu Ram was further sold out to Sultan Ram Bhatt and Sultan Ram Bhatt is in possession of the land as sold by Kalu Ram.
In view of the above specific admissions of the plaintiff himself, it is clear on record that the defendant is in possession of the land which was sold out to him by the plaintiff himself and has not encroached upon any land more than what had been sold to him.
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[2023/RJJD/002880] (3 of 3) [CSA-210/2022] In view of the concurrent findings by both the learned Courts below based on the specific admissions of the plaintiff himself, this Court does not find any substantial question of law arising out in the present second appeal and the same is therefore dismissed.
The stay petition also stands dismissed.
(REKHA BORANA),J 22-Sachin/-
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