JOHN LAWRENCE LEWIS Vs. CHANTHAR GRAMA PANCHAYATH CHANTHAR

JUDGEMENT

(1.) This appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.

(2.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(3.) The factual matrix of the case of the plaintiff before the trial Court that at the first instance, suit was filed for the relief of permanent injunction only and subsequently, sought for the relief of mandatory injunction. The claim of the plaintiff is that he is the owner and in actual possession of the suit schedule property. The plaintiff's contention is that defendant is farming road forcibly in the plaint Item No.2 of the property. The defendant appeared and filed the written statement contending that Chanthar-Devubail road has been in existence from time immemorial. It is also the contention of the defendant that suit is suffered from non-joinder of necessary parties. The Trial Court taking into note of the pleadings of the parties, framed the issues and allowed the parties to lead their evidence. Accordingly, the plaintiff is examined as PW1 and also examined two witnesses as PW2 and PW3 and got marked the documents at Ex.P1 to P34. On the other hand, defendants have also examined two witnesses as DW1 and DW2 and got marked the documents at Ex.D1 to D18.