Vijay Singh Chauhan S/O Late Gopal ... vs Madan Mohan S/O Late Lakhmichand
2022 Latest Caselaw 2766 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 286/2018

Vijay Singh Chauhan S/o Late Gopal Singh, R/o Moot Gali, Near
Vijay Hanumanji Mandir, Laxman Mandir, Bharatpur (Raj.).
                                                                         ----Appellant
                                       Versus
1.     Madan Mohan S/o Late Lakhmichand, (Deceased).
2.     Kanhaiya Lal S/o Lakhmichand,
3.     Bal Govind Garg S/o Lakhmichand,
       All R/o Kherapati, Mohalla, Bharatpur.
                                                       ----Respondents-Plaintiffs

For Appellant(s) : Mr. Guru Charan Singh Gill with Ms. Soni Bajaj For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/03/2022 This second appeal has been filed by appellant-defendant

against the judgment and decree dated 19.02.2018 passed by

Additional District Judge No.3, Bharatpur in civil appeal

No.143/2016 whereby dismissed the judgment and decree dated

14.12.2009 passed Civil Judge (Jr. Division) in civil suit No.

(193/2005) (34/2006).

The counsel for appellant submits that the trial court has

made declaration to ownership and propriety rights on the basis of

entry in the revenue record of land property in question and

consequently has passed a decree for dispossession against the

appellant-defendant. The counsel further submits that he has

(2 of 2) [CSA-286/2018]

possession over the room in question since long and according to

his pleadings since Samvat-1982.

Heard learned counsel for appellant, perused the impugned

judgment and record.

The appeal is admitted on the following substantial question

of law is involved:-

Whether two courts below have committed illegality

and jurisdictional error in making a declaration of

ownership and propriety rights in favour of the

respondent-plaintiff on the basis of entries in the

revenue record and consequently passing a decree

for dispossession against the appellant-defendant?

Issue notice to respondents.

Record has already be summoned.

In the meanwhile and till further orders, appellant-

defendant shall not be dispossessed from the room in question.

(SUDESH BANSAL),J

TN/8

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