SBCSA NO.274/2008 PRABHU LAL V/S RAM CHANDRA AND ORS. JUDGMENT DTD. 21.10.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL SECOND APPEAL NO.274/2008 Prabhu Lal versus Ram Chandra PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.P.R.Mehta, for the appellant. DATE OF JUDGMENT : 21.10.2008. JUDGMENT 1. Heard the learned counsels for the parties. 2. This second appeal is directed against the concurrent findings of two courts below whereby the courts below dismissed the suit for injunction filed by the plaintiff – appellant Prabhu Lal. The learned trial Court by its judgment and decree dtd.29.5.2006 held that the plaintiff has not led any evidence in support of his suit that the land SBCSA NO.274/2008 PRABHU LAL V/S RAM CHANDRA AND ORS. JUDGMENT DTD. 21.10.2008 2/3 in question on survey No.556/1776 khala No.177 situated in village Gangar Talai, Tehsil Bagidora was in possession of the plaintiff and therefore, the defendants were not entitled to raise any constructions over the said suit land, in absence of any evidence led by the plaintiff before the learned trial Court, the learned trial Court after considering the evidence produced by the defendants came to the conclusion that the defendants were raising constructions on the said land after obtaining due permission from the Gram Panchayat and the land in question belongs to them, therefore, the plaintiff was not entitled to any injunction as prayed for. The learned first appellate Court also affirmed the findings of the learned trial Court by its judgment dtd.5.7.2008. 3. Having heard the learned counsel and upon perusal of the impugned order, this Court does not find any substantial question of law to be arising in the present second appeal. Since the plaintiff appellant admittedly failed to adduce any evidence in support of his claim over the suit land and the defendants led relevant evidence to establish before the learned trial Court that the land in question belonged to them, therefore, the findings of Courts below cannot be said to be perverse or wrong in any manner. This Court is satisfied SBCSA NO.274/2008 PRABHU LAL V/S RAM CHANDRA AND ORS. JUDGMENT DTD. 21.10.2008 3/3 that the Courts below have not committed any error much less an error giving rise to any substantial question of law requiring determination by this Court in the present second appeal. The appeal is found to be devoid of merit and the same is accordingly dismissed. (Dr.VINEET KOTHARI)J. Item No.7 Ss/-