PURSHOTTAM JHA Vs. RAJENDRA SHARMA

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff herein is as under:-

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that he is owner and title-holder of the suit land bearing Khasra No.1331/1 area 0.023 hectare as he has purchased the same from Faguwa S/o Derha by registered sale deed dated 7.5.1986 and came in possession over the suit land. In that land, the defendant started digging foundation stone in the month of August, 1998 and encroached upon the entire land of the plaintiff.

(3.) The defendant has filed his written statement and denied the averments made in the plaint stating inter-alia that he has purchased the suit land bearing Khasra No.1331/13 area 0.021 hectare, 2178 sq.ft.from one Rajkumari W/o. Shri D.P. Patel by registered sale deed dated 12.5.1993 and came in possession over the suit land. It was further pleaded that he was not encroached upon the land of the plaintiff bearing Khasra No.1331/1 area 0.023 hectare and prayed for dismissal of the suit.