VINAY KUMAR Vs. GANPATI

JUDGEMENT

(1.) This second appeal preferred by defendant No.1 was admitted for hearing on 11.7.2007 by formulating the following substantial question of law:-

(2.) The plaintiff filed a suit that he is title and possession holder of the suit land bearing Khasra No.3820 area 0.10 decimal situated at Tahsil Janjgir, which he has purchased from original holder Nathan Singh by registered sale deed dated 6.9.1961 (Ex.P-1), in which his name is also mutated and ultimately after change, khasra number became 3820/10 and through which he approaches his remaining land. It is the case of the plaintiff that defendant No.1 started creating nuisance and started construction on the land for which suit was filed seeking permanent injunction restraining defendant No.1 from interfering with his possession.

(3.) Resisting the suit, defendant No.1 filed his written statement and denied the averment made in the plaint stating inter-alia that he has purchased the suit land bearing Khasra No.3820/9 area 0.06 decimal from Nathan Singh by registered sale deed dated 15.5.1980 (Ex.D-1) and he is in possession of his land and making construction on his own land. Therefore, the plaintiff is not entitled for permanent injunction.