S.B.CIVIL SECOND APPEAL NO. 187/2008 Satya Narayan Versus Municipal Board, Bundi and others. 09/09/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. SS Hora, for the appellant Suit for permanent injunction filed by the plaintiff- appellant was dismissed by the trial court vide judgment and decree dated 30/05/2005. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 09/05/2008. After hearing counsel for the appellant, I have carefully gone through the material on record. On the basis of evidence on record, there has been a finding of fact that the land belonged to Municipal Board and the plaintiff-appellant had only encroached on the public land. Earlier also such encroachment had been removed. Even the Government so far as school has also not put their claim on the land. A small portion alleged to have been allotted to the plaintiff-appellant for cleaning the play ground by the then Principal of the school, however, the plaintiff started his business encroaching upon more adjoining land. Even the tenancy in no case be presumed in such matters. Since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. The appeal is dismissed accordingly as having no merits. (Ashok Parihar), J.