Smt. Kesar Wd/O Late Shri Heera Lal vs Late Shri Nath Ji S/O Shri Parteng
2021 Latest Caselaw 18676 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 133/2021

1. Smt. Kesar Wd/o Late Shri Heera Lal, Badodiya, Tehsil Bagidaura, District Banswara

2. Meetha Lal S/o Late Shri Heera Lal, Aged About 68 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

3. Kesari Mal S/o Late Shri Heera Lal, Aged About 61 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

4. Rajendra S/o Late Shri Heera Lal, Aged About 51 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

5. Smt. Prem Lata W/o Late Shri Ratan Pal, Aged About 48 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

6. Pankaj S/o Late Shri Ratan Pal, Aged About 29 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

7. Ankush S/o Late Shri Ratan Pal, Aged About 27 Years, By Caste Jain, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

----Appellants Versus

1. Late Shri Nath Ji S/o Shri Parteng, Badodiya, Tehsil Bagidaura, District Banswara

2. Smt. Kodri W/o Late Shri Nath Ji, R/o Badodiya, Tehsil Bagidaura, District Banswara.

3. Naresh S/o Late Shri Nath Ji, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

4. Gautam S/o Late Shri Nath Ji, Resident Of Badodiya, Tehsil Bagidaura, District Banswara.

                                                                ----Respondents


For Appellant(s)         :     Mr. Narendra Thanvi
For Respondent(s)        :





                                                                                 (2 of 2)                   [CSA-133/2021]

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/12/2021

The counsel for the appellants submits that first Appellate

Court has decided the issue Nos.1 & 7 in favour of the appellants

holding that the patta dated 10.01.1962 issued by Gram

Panchayat in favour of predecessor of appellant is valid. He

submits that the suit property is open piece of land and once the

title of appellants has been found genuine, the possession of

property should also be treated with the appellants but the

appellant court, while deciding the issue of possession has

observed that since the respondent-defendants are using the suit

property for putting cow dung they have the physical possession.

Counsel for the appellants submits that the finding as to

possession passed by the first Appellate Court are perverse and

unsustainable.

Counsel for the appellants placed reliance on the judgment

of Hon'ble Supreme Court rendered in the case of Anathula

Sudhakar vs. P. Buchi Reddy (Dead) by Lrs. & Ors. reported

in 2008 (3) Civil Court Cases page 294.

Issue notice to the respondents, returnable within ten weeks.

Call for record of both the courts below.

In the meanwhile and until further order, both the parties

shall maintain the status quo in respect of the property in question

as it exists today.

(SUDESH BANSAL),J

177-Anshul/-

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