SITARAM AGRAWAL Vs. SUSHMITA D/O HAZARI

JUDGEMENT

(1.) This is the Plaintiff's Appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (for short 'the CPC') against the judgment and decree dated 25.06.2016 passed by the Additional District Judge, Saraipali, District Mahasamund in Civil Appeal No.6-A/2016, whereby the lower appellate Court, while reversing the judgment and decree dated 23.01.2016 passed by the Civil Judge, Class-I, Saraipali in Civil Suit No.6- A/2014, has dismissed the Plaintiff's suit.

(2.) Briefly stated, the undisputed facts of the case are that the Plaintiff Sitaram instituted a suit for declaration of title and removal of encroachment as made by the Defendants by submitting inter alia that he is the owner of the property in question bearing Khasra No.117/2, 119/01 and 125/2 total admeasuring 0.40 hectares. It is pleaded further that on the basis of the demarcation made on 30.6.2007, he came to know that his property was encroached illegally by the Defendants by raising a 'kaccha' construction over the suit property, therefore he has filed the suit for removal of the alleged encroachment from the Defendants.

(3.) The Defendants have contested the aforesaid claim by denying very specifically that they have encroached any piece of the Plaintiff's aforesaid suit land.