Kashmir Singh vs Paramjeet Singh ...
2023 Latest Caselaw 1155 Raj

[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.,

[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.

[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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