NATHU RAM AND OTHERS Vs. RAJA RAM

JUDGEMENT

(1.) HEARD Shri Rajendra Dobhal, Counsel for the appellants and Shri Gopal Narayan, Counsel for the respondent. By the present second appeal filed under section 100 of Code of Civil Procedure, the appellants have prayed for setting aside the judgment and decree dated 9.9.2003 passed by the Additional District Judge/VIIth Fast Track Court, Dehradun by which the appeal of the defendant -appellants has been dismissed and the judgment and decree dated 9.10.2001 passed by the Civil Judge (Senior Division/XIth Fast Track Court, Dehradun has been confirmed.

(2.) BRIEFLY stated, a suit was filed by the plaintiff Raja Ram stating therein that he is the owner of his ancestral property being plot Nos. 54 and 55, Hathibarkala, Dehradun. In the north of the property of the plaintiff, the defendant is in occupation of property No. 51/52. The plaintiff has moved an application for demarcation of the boundary before the revenue authorities which was objected by late Faqir Chand, father of the defendant. In paragraph 3 of the plaint, the plaintiff has stated as under: -

(3.) A written statement was filed by the defendant Nathuram. It has been denied that the father of the defendant has ever encroached the property of the plaintiff. The fact regarding any construction by the defendant which creates nuisance to the plaintiff has also been denied. The plaint has been less evaluated and the Court fee paid is also inappropriate and, therefore, the Court has no jurisdiction to try the suit. In the paragraph 18 of the additional pleas, the plaintiff has stated as under: -