JAI SINGH BORA Vs. LACHHIRAM

JUDGEMENT

(1.) This second appeal preferred under section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 08.08.2011 passed by District Judge, Nainital, in Civil Appeal No. 44 of 2009 whereby said court has dismissed the appeal and affirmed the judgment and decree dated 11.12.2009 passed by the trial court (Civil Judge Junior Division, Haldwani) in Suit No. 43 of 2006.

(2.) Heard learned counsel for the parties, and perused the record. No one turned up on behalf of the respondents even after service of notice.

(3.) Brief facts of the case are that the plaintiff Jai Singh Bora filed Suit No. 43 of 2006 before the Civil Judge (Junior Division) Haldwani, stating that he is Bhumidhar in possession of Plot/Khasra No. 38 measuring 0.322 hectare, Plot/Khasra No. 40/122 measuring 0.250 hectare, Plot/Khasra No. 40/123 measuring 0.193 hectare in Village Bechpur Pargai in Tehsil Haldwani, District Nainital. Plaintiff further pleaded that adjoining to the land of the plaintiff there is land of the defendant Lachhi Ram (since died) and between the two there was a demarcation boundary wall of stones. It is alleged by the plaintiff in the plaint that defendant demolished the wall and he intends to interfere and encroach upon the land of the plaintiff, as such, the suit for perpetual was sought by the plaintiff.