ARIHANT DEVELOPERS PROPRIETOR Vs. CHHATTISGARH HOUSING BOARD

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the order dated 31.08.2018 passed by the learned Additional District Judge, Raipur in Civil Appeal No.14-A/2018, whereby the appellate Court has remanded the case for retrial for demarcation.

(3.) The appellant/plaintiff filed a suit that he owns a land at village Saddu, P.C. No.109 and different Khasra Nos. were shown that he is the owner is in possession thereof. It is further stated that out of the Khasra No.227 an area of 23,196.80 sq. feet have been illegally encroached upon by the defendant/Chhattisgarh Housing Board. It was stated that when possession was objected, the parties agreed that the demarcation be carried out, however, the construction was carried out from 01.02.2006 by the housing board and without any ownership over the land in question, the housing board constructed the house over the land. The suit for injunction was filed that the housing board be restrained to carry out their construction over the suit land, if the construction is carried out then the plaintiff would suffer irreparable loss. The trial Court order further reflect that during the pendency of the suit, the plaintiff had completed his construction over the part of the land in question and further the trial Court came to a finding that the defendant has encroached upon the 23,196.80 sq. feet of the land and was directed to remove the construction made over the said land.