Smt. Jadaaw Kunwar vs The Executive Engineer, PWD and Others

Govind Mathur, J.—This second appeal is preferred to assail validity, propriety and correctness of judgment dated 22.7.2010 passed by learned Additional District Judge (Fast Track), Rajsamand affirming the judgment and decree dated 22.10.2007 passed by learned Additional Civil Judge (S.D.), Rajsamand.

By the judgment impugned, learned Civil Judge dismissed the suit for permanent injunction by holding that the plaintiff failed to prove any right on the land in dispute including possession over the land. The learned trial court also held that the plaintiff did not choose to come before the court for her examination and the facts within her personal knowledge could not have been proved by her attorney.

The appellate authority also accepted the finding of fact given by the trial court.

The contention of the learned Counsel for the appellant is that the existence of the ''patta'' itself establishes right of the plaintiff and, therefore, the courts below erred while rejecting the suit.

I do not find any merit in the arguments advanced.

The learned trial court on the basis of the available evidence gave a definite finding of fact that the document Exhibit-2 (''patta'') nowhere identifies the land in dispute, which is otherwise mentioned as ''Belanam Pasture'' of the government. Such concurrent finding of fact is not required to be interfered by this Court while exercising the powers u/s 100 of Code of Civil Procedure. The appeal is accordingly dismissed.