CSA 760/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.760/07 Jait Singh & Ors. Versus Hari Singh & Ors. DATE OF ORDER : 29/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Manu Bhargava, for appellants *** Instant second appeal has been filed by defendant-appellants assailing the judgment & decree of court of appeal dated 2nd February, 2007 whereby suit of the plaintiff was decreed in view of letter of allotment issued to him by Gram Panchayat, Nanagwas dated 30th January, 1991 and the appellant-defendant has been restrained from interfering in the peaceful possession of non- petitioner-plaintiff. Non-petitioner-plaintiff filed a suit for permanent injunction in regard to plot which was allotted to him by Gram Panchayat, Nanagram, Panchayat Samiti Nimrana, Tehsil Behror, District Alwar and in support he exhibited his application, requisite fee of Rs.255/- deposited and the letter of allotment issued to him. Learned trial Judge dismissed the suit vide judgment dated 3rd March, 2000 basically on the premise that plaintiff has failed to produce in evidence the concerned Sarpanch in support the letter of allotment issued to him, as such, has not considered appropriate to grant permanent injunction in his favour as prayed. The court of CSA 760/07 [2] appeal on appreciating the material on record in regard to issue no.1 has observed that sufficient material came on record about allotment of patta, application and the requisite fee which was deposited by non-petitioner-plaintiff and evidence which came in rebuttal was self- conflicting and being holder of patta in his possession decided the issue in favour of non- petitioner-plaintiff – consequently, decreed the suit and restrained the appellant-defendant from interfering in his peaceful possession. No documentary evidence has been placed on record before learned trial Judge by the appellant-defendant to show that in what capacity they are holding possession of the land in question, if at all there is any. Only defence put by the counsel was that Gram Panchayat has handed over possession in lieu of certain land which they surrendered for construction of educational institution, but nothing came on record to substantiate his submission made before learned trial Judge. This court does not find any substantial question of law which emerge for consideration in the instant appeal. Consequently, the appeal fails and is hereby dismissed. Record be sent back to trial court. [AJAY RASTOGI], J. FRBOHRA,JR.P.A.760CSA2007 29-1.doc