LAL PANDEY Vs. MAHENDRA PRATAP JAISWAL

JUDGEMENT

(1.) This second appeal preferred by appellants No. 1 to 5/defendants only was admitted for hearing by this Court on 3.12.1999 on the following substantial question of law :-

(2.) Original plaintiff- Heera Lal Jaiswal filed a suit for declaration of title, recovery of possession and permanent injunction stating inter alia that he is owner and title holder of the suit land bearing Khasra No. 490/2, area 0.08 decimal, which he has purchased by unregistered sale deed dated 20.03.1949 (Ex.P-1) from one Kaloo Kumhar, S/o Girdhari Kumhar for a consideration of Rs.100/- and became owner and title holder of the suit land, in which defendants No. 1 to 3 have encroached on 4.8.1996 and constructed kachha house without authority of law, as a result thereof his son - Mahendra Pratap has lodged complaint on 8.4.1986 to the Chief Municipal Officer, Municipal Council, Ramanujganj but no action was taken in this regard, as such, other defendants No. 4 to 7 have also encroached upon the suit land, and therefore, the plaintiff is entitled for declaration of title and possession after demolition of superstructure constructed by defendants No. 1 to 7.

(3.) Defendants No. 1 to 3 have filed their written statement stating inter alia that suit land is part of Khasra No. 491 owned by them, as such, the plaintiff is not entitled for decree of declaration of title, recovery of possession and permanent injunction.