KRISHNA KUMAR Vs. VIVEKANAND VIDYA MANDIR

JUDGEMENT

(1.) This second appeal preferred by the appellants/plaintiffs was admitted for hearing on the following substantial questions of law :-

(2.) Original plaintiff Ganga Bai filed a suit seeking relief for possession and damages stating inter alia that she purchased the suit property which forms part of Khasra No. 1902/1 admeasuring 60'x 30' situated at Kailashpuri, Raipur for valuable consideration from one Prakash Chand Parekh by registered sale deed dated 29/03/1976 (Ex. P/3) and thereafter, pursuant to the order dated 02/03/1984 passed by the revenue officer, plaintiff got her name mutated in the revenue records, but in July, 1984, plaintiff came to know that her plot (land in question) has been encroached by raising a boundary wall and a kaccha room wherein defendant No. 2 was running a school, as such, she is entitled for decree as claimed.

(3.) Defendants filed their written statement and averred that defendant No. 2 purchased the land bearing khasra No. 1902/4 area 43 decimals from one Magan Lal Agrawal by registered sale deed dated 16/02/1982 (Ex. D/12)and he has not encroached upon the land held by the plaintiff.