SAKAL DEV Vs. UMA SHANKER AND ANOTHER

JUDGEMENT

(1.) Heard Learned Counsel for the parties and perused the record.

(2.) The brief facts of this case are that the Plaintiff-Respondent filed Original Suit No. 48 of 2002, Uma Shankar v. Sakal Deo, in the court of Civil Judge (Junior Division) Pashchimi) Ballia for permanent injunction restraining the Defendant from interfering in the possession of applicant over the disputed land shown by letters 7, 8, 3, 2 and restraining the Defendant from raising any construction, not to cut the trees and not to demolish the Plani (thatch roof structure). The said suit was filed on the ground that plot No. 2083A area 36 decimal situate in Sahulanyee Sarayan Banjari, is ancestral grove land of parties partitioned between them about 23 years ago; that Defendant No. 2 is share holder of 18 decimal of the said land, on Western side and the Plaintiff is share holder of 9 decimal of the land on East side and the Defendant/Appellant has 9 decimal of the remaining land in the middle from North to South.

(3.) The Defendant/Appellant contested the suit by filing written statement denying plaint allegation and stating therein that there was no partition between the parties. It is further alleged that parties are in possession according to their share. The Defendant No. 1 is in possession over 9 decimal land on South-East corner of plot No. 2083A in which he planted 18 Mango trees, one Mahua tree. A Plani/thatch roof structure also exist over the same and his animals are also kept in the same. No documentary evidence to proof the case of Plaintiff has been filed and the Plaintiff has also been not examined.