SBCMA No.1460/08 Pubulal Vs. Municipal Council, Pali 1 S.B. Civil Misc. Appeal No.1460/2008 Pabulal vs Municipal Council, Pali DATE OF ORDER : - 17.10.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeet Purohit, for the appellant. <><><> Heard learned counsel for the appellant. The appellant is aggrieved against the interim order dated 6th Sept., 2008 by which the appellant's injunction application was dismissed by the trial court. Admittedly, the appellant initially filed the suit for specific performance of contract on the basis of one alleged receipt dated 22nd May, 1966 on the basis of which plaintiff claimed that he was allotted a piece of land by the Municipal Board, Pali. That suit for specific performance of contract was dismissed by the trial court and the dismissal was upheld by this Court in S.B. Civil Second Appeal vide judgment and decree dated 25th April, 2006. Then plaintiff filed the suit on the basis of deriving title SBCMA No.1460/08 Pubulal Vs. Municipal Council, Pali 2 by way of adverse possession. The injunction application was dismissed by the trial court after taking note of the facts of the earlier rejection of the claim of the plaintiff. Once the plaintiff filed the suit for specific performance of contract he admitted the title of the defendant as well as admitted his right over the property in dispute and admittedly, he did not and could not have denied the title of the defendant over the property in dispute during the entire period of the earlier round of litigation, then how the question of adverse possession can be raised by the plaintiff on the basis of his alleged possession of the year 1966 when plaintiff himself admitted that he did not claim hostile title against the defendant. There is no merit in this appeal and the same is hereby dismissed. However, it is made clear that any observation made in this order will not come in the way of the plaintiff in the suit. (PRAKASH TATIA), J. c.p.goyal/-