NAGAR PALIKA RAISINGHNAGARversusRAMESHWAR LAL & ANR.

                        [2017] 10 S.C.R. 133


               NAGAR PALIKA RAISINGHNAGAR                              A
                                  v.
                   RAMESHWAR LAL & ANR.
                  (Civil Appeal No. 10833 of2010)
                        OCTOBER 10, 2017                               B

  [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.]
       Injunction: Suit for permanent injunction filed by plaintiff-
 respondent on the strength of Patta issued in favour of grand father
of the respondent, seeking restraint against the appellant from C
dispossessing the respondent from the suit land - Trial court
dismissed the suit - First appellate court set aside the order of trial
court holding that the respondent's grandfather was granted Patta
in relation to the suit land by appellant; that the appellant failed to
prove that it was cancelled and pursuant thereto the respondent'.~
predecessor refunded the amount; that the Patta granted was in D
relation to the suit land; and that the respondent was in possession
of the suit land - High Court upheld the order of first appellate
court - On appeal, held: The respondent was able to make out all
the three necessary ingredients for grant of permanent injunction
with the aid of evidence, namely, the prima facie case, the balance
                                                                        E
of convenience and the irreparable loss and injw:v, if the injunction
is not granted to him - Since the respondent held Patta of the suit
land, there was a prima facie case in his favour - He was also in
possession of the suit land and hence the other two ingredients,
namely, the balance of convenience and irreparable loss and injury,
were also in his favour - Respondent was rightly held entitled to F
claim permanent injunction against the appellant in relation to the
suit land.
      Dismissing the appeal, the Court
       HELD: 1. When two Courts, namely, First Appellate Court
and the High Court found no merit in the appeal and confirmed G
the findings of fact then, such concurrent findings are binding on
this Court. It is more so when such findings are neither found to
be against the pleadings nor the evidence nor any provisions of
law and nor so found perverse to the extent that n'o judicial person
can ever so record. [Paras 16, 17] (137-B]                           H
                                 133
134            SUPREME COURT REPORTS                         [2017] 10 S.C.R.


A            2. It is not in dispute that the respondent is the grandson
      of original allottee. It is also not in dispute that the appellant
      (defendant) though took a stand that the Patta in question was
      cancelled and money returned but .the appellant could not prove
      it with the aid of any evidence. It is also not in dispute that though
      the appellant took a stand that the Patta granted to the
B
      respondent's predecessor-in-title did not relate to the suit land
      but of some other land, the appellant also failed to prove even
      this fact with the aid of any evidence. The said stand taken by the
      appellant, was required to be proved by the appellant because
      the burden to prove these facts was on them but they failed to
c     prove any of the issues though raised. [Paras 18, 19] [137-C-E]
          3. The respondent (plaintiff) was able to make out all the
   three necessary ingredients for grant of permanent injunction
   with the aid of evidence, namely, the prima fude case, the balance
   of convenience and the irreparable loss and injury, if the injuncti(ln
 D is not granted to him. Since the respondent held a Patta of the
   suit land, there was a prima facie case in his favour. Secondly, he
   was also held to be in possession of the suit land and hence the
   other two ingredients, namely, the balance of convenience and
   irreparable loss and injury, were also in his favour. It is for these
   reasons, the plaintiff was rightly held entitled to claim permanent
 E injunction against the appellant (defendant) in relation to the suit
   land. Therefore, there is no ground to interfere in any of the factual
   findings recorded by the two Courts below. [Paras 20, 21] [137-
   E-H]
           CIVIL APPELLATE JURISDICTION : Civil Appeal No. I 0833
 F    of2010.
             From the final Judgment and Order dated 03. I I .2006 passed by
      the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Regular
      Second Appeal No.70 of 1989.

 G           Puneet Jain, Ms. Gaushika Sharma, Abhinav Gupta, Ms.Priyal
      Jain, Harsh Jain (for Ms.Pratibha Jain), Advs. for the Appellant
            Dushyant Parashar, Pranv Vyas, Surya Kant, Advs. for the
       Respondents
             The Judgment of the Court was delivered by
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 NAGAR PALIKA RAISINGHNAGAR v. RAMESHWAR LAL &                                  135
         ANR. [ABHAY MANOHAR SAPRE, J.]

       ABHAY MANOHAR SAPRE, J. I. This appeal is filed by the A
defendant against the final judgment and order dated 03.11.2006 passed
by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil
Regular Second Appeal No.70of1989 whereby the High Court dismissed
the appeal filed by the defendant and affirmed the judgment/decree passed
by the first Appellate Court dated 17.04.1989 in Appeal Civil No. 19 of B
1988 arising out of Civil SuitNo.28of1983 decided on 06.09.1988 passed
by the Munsif and Judicial Magistrate, Raisinghnagar.
      2. Facts of the case are simple so also the point involved in the
appeal. They, however, need mention in brief infra.
      3. The appellant is Nagar Palika Raisinghnagar (Rajasthan). The           C
appellant is the defendant whereas the respondent is the plaintiff in the
aforementioned civil suit out of which this appeal arises.
       4. The dispute relates to a small piece of land (100x!OO sq. ft.)
situated at Gaushala Block, Ward No. I 0 (earlier known as 'E Block'),
Raisingh Nagar (hereinafter referred to as "the suit land").                    D
       5. The respondent (plaintiff) claiming to be the holder and in
possession of the suit land on the strength of Patta issued in favour of his
grand father - Pokhar Ram by the appellant herein way back in the year
1957 vide Resolution No.7 dated 13.02.1957 filed a suit against the
appellant out of which this appeal arises seeking permanent injunction          E
restraining the appellant from dispossessing him from the suit land.
       6. In substance, the case of the respondent, as set out in the plaint,
was that the appellant- Nagar Palika had originally allotted the suit land
to the respondent's grandfather - Pokhar Ram as back as in 1957 against
the payment of consideration which had duly paid by Pokhar Ram to the           F
appellant vide receipt No.51 dated 18.03.1957.
       7. It was alleged that Pokhar Ram then constructed his hut on the
suit land and continued to live therein during his lifetime. On his death,
the respondent's father continued to live therein during his lifetime and
then on his death, the respondent inherited the suit land/hut and continued
                                                                                G
to remain in its occupation till the date of filing of the suit.
      8. According to the respondent, the need to file the suit arose
because he had some apprehension that the appellant-Nagar Palika
which had taken out a drive to oust some encroachers from the land
belonging to Nagar Palika in the Municipal area may dispossess the
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136             SUPREME COURT REPORTS                         [20171 ·10 S.C.R.


A respondent also from the suit land treating him as an encroacher on the
  suit land. It was for this reason, the respondent filed the civil suit to seek
  permanent injunction against the appellant in relation to the suit land on
  the strength of Patta already granted in favour of his predecessor-in-
  title by the appellant.
B             9. The appellant filed its written statement. While denying the
      respondent's claim, the appellant inter alia alleged that the respondent's
      grandfather was given some other land, that the grant so made in relation
      to the said land was cancelled and the money received was also refunded
      to him, that the suit land is a Nagar Palika land and the respondent with
      the help of some employees of the Nagar Palika got the suit land un-
c     authorizedly allotted to him, and lastly, the suit land is needed for public
      purpose.
          I0. Issues were framed. Parties adduced evidence. The Trial Court,
  vide judgment dated 06.09.1988, dismissed the suit. The respondent
  (plaintiff), felt aggrieved, filed first appeal before the First Appellate
D Court. The First Appellate Court, vi de judgment/decree dated 17.04.1989,
  allowed the appeal and while setting aside of the judgment/decree of the
  Trial Court decreed the respondent's suit and accordingly granted
  permanent injunction, as prayed by the respondent, against the appellant
  in relation to the suit land.
E            11. The First Appellate Court held that the respondent's grandfather
      was granted Patta in relation to the suit land by the appellant; that the
      appellant failed to prove that it was cancelled and pursuant thereto the
      respondent's predecessor refunded the amount, that the Patta granted
      was in relation to the suit land, that the respondent was in possession of
 F    the suit land.
          12. The appellant filed second appeal before the High Court. The
   High Court, by impugned judgment, dismissed the appeal and upheld the
   judgment/decree of the First Appellate Court giving rise to filing of the
   present appeal by way of special leave before this Court by the defendant,
 G i.e., Nagar Palika.
           13. Heard Mr. Puneet Jain, learned counsel for the appellant and
      Mr. Dushyant Parashar, learned counsel for the respondent.
             14. Having heard the learned counsel for the parties and on perusal
      of the record of the case, we find no merit in the appeal.
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 NACAR PALIKA RAISINGHNAGAR v. RAMESHWAR LAL &                                 137
         ANR. [ABHAY MANOHAR SAPRE, J.]

       15. This is a case, which does not involve any question of law          A
much less substantial question oflaw what to say any question relating
to public importance.
       16. When two Courts, namely, First Appellate Court and the High
Court found no merit in the appeal and confirmed the findings of fact
then, in our opinion, such concurrent findings are bin_ding on this Court.     B
       17. It is more so when such findings ;ire neither found to be against
the pleadings nor the evidence nor any provisions of law and nor so
found perverse to the extent that no judicial person can ever so record.
        18. It is not in dispute as no~ one can say that the respondent's
predecessor-in-title was granted Patta in relation to the suit land on c
payment. It is also not in dispute that the respondent is the grandson of
original allottee. It is also not in dispute that the appellant (defendant)
though took a stand that the Patta in question was cancelled and money
returned but the appcilant could not prove it with the aid of any evidence.
It is also not in dispute that though the appellant took a stand that the D
Patta granted to the respondent's predecessor-in-title did not relate to
the suit land but of some other land, the appellant also failed to prove
even this fact with the aid of any evidence.
        19. The aforementioned stand taken by the appellant, in our view,
was required to be proved by the appellant because the burden to prove         E
these facts was on them but they failed to prove any of the issues though
raised.
       20. In our opinion, the respondent (plaintiff) was able to make out
all the three necessary ingredients for grant of permanent injunction
with the aid of evidence, namely, the primafacie case, the balance of          F
convenience and the irreparable loss and injury, ifthe injunction is not
granted to him. Since the respondent held a Patta of the suit land, there
was a prima facie case in his favour. Secondly, he was also held to b1,;
in possession of the suit land and hence the other two ingredients, namely,
the balance of convenience and ineparable loss and injury, were also in
his favour. It is for these reasons, in our view, the plaintiff was rightly    G
held entitled to claim permanent injunction against the appellant
(defendant) in relation to the suit land.
      21. We, therefore, find no ground to interfere in any of the factual
findings recorded by the two Courts below nor we find any merit in any
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138             SUPREME COURT REPORTS                       [2017) IO S.C.R.


A     of the arguments of the learned counsel for the appellant, which were
      only based on facts and evidence.
             22. This Court cannot appreciate the evidence again de nova
      while hearing this appeal. Though it is not permissible, yet we probe the
      evidence with a view to find out any error in the impugned judgment
B     calling our interference. We, however, find it none.
            23. In the light of foregoing discussion, we find no merit in the
      appeal, which fails and is accordingly dismissed.


      Devika Gujral                                            Appeal dismissed.