Court No. - 1 Case :- SECOND APPEAL No. - 1302 of 2009 Petitioner :- Mani Ram Verma Respondent :- Ram Lal Petitioner Counsel :- J.S.P. Singh,Ravish Kumar Singh Hon'ble Rakesh Sharma,J.
Heard learned counsel for the appellant and perused the record.
This second appeal has been preferred against the judgment and decree dated
3.9.2009 passed by Special Judge (SC/ST Act) District Jalaun at Orai in Civil
Appeal No.125 of 2004, Mani Ram Verma Vs. Ram Lal whereby the said
court has dismissed the appeal against the Trial Court’s judgment.
It emerges from record that the suit was filed in the year 1992 by one Shri
Ram Lal against the appellant Mani Ram Verma seeking his dispossession
from the plot in dispute meant for residential purposes. It was alleged that the
appellant had raised illegal and unauthorised construction over the land in
dispute. It was further prayed that the illegal construction may be removed
from the plot in dispute. The Trial Court had decreed the suit no.124 of 1992
vide judgment and order dated 19.10.2004. The First Appellate Court had
affirmed the findings and the conclusions recorded by the Trial Court. Both
the courts below have taken note that the Presiding Officer had also carried
out the inspection of the disputed site and the report is available as paper
no.128Ga. Both the courts below have recorded concurrent findings of fact
that the land was duly purchased by Shri Ram Lal in Mohalla Indira Nagar,
Orai from one late Brij Raj Kishore. The sale deed giving boundaries of the
plot was executed on 21.4.1982. The formal sanction/permission to make
construction on the site was also obtained from Nagar Palika, Orai on
31.7.1986. The Hand-pump was also laid on the plot on the eastern side and
the room measuring 20 X11 feet was also constructed and taxes were also
being paid to the Nagar Palika, Orai since 1987-88. All the documents
demonstrated that there existed a legal valid sale deed. Permission to raise
construction was granted by the municipal authorities. The plot was found to
be well defined and boundaries were duly explained in the sale deed. The
Amin’s report had also proved that the plot in dispute belonged to Ram Lal.
The Appellate Court had gone to the extent of of giving details of the property
by putting marks on the map. The judgment and order passed on 19.10.2004
was duly defined in the interest of justice. There appears to be no illegality or
infirmity in the judgment and order rendered by two courts below. Moreover,
learned counsel for the appellant has tried to argue this case as he is arguing
on facts or seeking re-hearing of the case.
No substantial question of law is made out and the appeal under Section 100
of C.P.C. is dismissed.
Order Date :- 4.1.2010
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