Mangi Bai vs Daya Singh
2022 Latest Caselaw 3773 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 67/2020

Smt. Mangi Bai W/o Sri Kaka Singh, Aged About 52 Years, B/c Raisikh, R/o Chak 48 GB (A), Redbaggi, Panchayat Samiti Anupgarh, District Sri Ganganagar (Rajasthan)

----Appellant Versus Daya Singh S/o Shri Sadhu Singh, B/c Majbi Sikh, R/o Chak 59 GB (Lalgarh), Tehsil Anupgarh, District Sri Ganganagar (Rajasthan)

----Respondent

For Appellant(s) : Mr. Trilok Joshi

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

10/03/2022

The instant second appeal under Section 100 CPC has

been filed by the plaintiff (appellant herein) against the judgment

and decree dated 13.11.2019 passed by the learned Additional

District Judge, Anupgarh, Sri Ganganagar in Civil Regular Appeal

No. 14/2013 titled as Smt. Mangibai vs. Daya Singh, whereby the

appeal was dismissed.

Heard the learned counsel for the appellant.

Brief facts of the case are that appellant-plaintiff sought

relief of injunction against the respondent - defendant with regard

to a residential plot measuring 50 x 100 sq feet on the basis of her

possession over the land since 1996. She also filed photocopy of

Patta alleged to be issued by Gram Panchayat in her favour for a

plot measuring 30 x 50 sq feet. The suit was resisted by the

respondent-defendant on the ground that the plot was allotted by

(2 of 2) [CSA-67/2020]

Gram Panchayat in his favour. Husband of the plaintiff encroached

upon the land for which criminal case as well as civil suit was filed

against Kaka Singh (husband of the plaintiff-appellant) and the

same was decreed. After framing issues, the learned trial court

came to the conclusion that the dispute between the parties is

regarding title and possession of the land in question. Plaintiff has

not come with clean hands before the court. On the basis of Patta

issued in favour of the respondent, suit has been decreed against

the husband of the plaintiff. Property was not found in possession

of the plaintiff. The suit was dismissed. Against the dismissal of

the suit, appeal filed by the plaintiff was also dismissed with the

concurrent finding.

In view of the concurrent finding regarding possession

of the land against the plaintiff, there is no substantial question of

law involved in this second appeal. Appellant - plaintiff has filed

the suit for injunction simplicitor, which is also not maintainable in

view of the fact that the respondent - defendant has raised

serious objections against the Patta alleged to be in favour of the

plaintiff.

Both the courts below have decided the issue regarding

possession of the land against the plaintiff. No substantial question

arises for consideration in this appeal. Hence, this appeal is

dismissed at the admission stage.

The record of the Courts below be sent back forthwith.

(RAMESHWAR VYAS),J 109-Mak/-

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