BHOLA PRASAD KORI Vs. MST.URMILA

JUDGEMENT

(1.) In second appeal preferred by the appellant/defendant, the following substantial questions of law were formulated for determination:-?

(2.) The plaintiffs filed a suit for declaration of title, possession and permanent injunction in respect of the suit land bearing Khasra No. 828/1, area 20 decimal situated at Torwa, Tahsil and District Bilaspur alleging encroachment by the defendant admeasuring 3 decimal to the southern side of the land of the plaintiffs vide demarcation report (Ex.P-?5) and panchnama (Ex.P-?6).

(3.) The defendant filed his written statement and denied the averments made in the plaint stating interalia that he is holder of adjacent lands which were the part of original Khasra Nos.828/5 and 828/1 and ancestors of the defendant had purchased the said lands from ancestor of the plaintiffs and since then, he is in possession with other family members and for construction of shops he has obtained licence on 23.11.1995 and construction was over in 1995 itself and then demarcation (Ex-?P-?5) has been done behind his back without any notice and denied to have encroached 3 decimal of land of the plaintiffs.