GIRISH CHANDRA Vs. RAJ NARAIN (DECEASED) AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff 's second appeal arising out of Suit No. 99 of 1996 for injunction restraining the Defendants -Respondents from interfering in the property in dispute. The suit was dismissed by order dated 2.1.2006 and the appeal filed by the Plaintiff -Appellant has also been dismissed.

(2.) THE brief facts arising out of the present appeal, as stated in the plaint, are that the Plaintiff is having a Pucca house in Gram Asauda, Tehsil -Hapur, district -Ghaziabad. In front of the house, there is a Chabutara which is shown in the plaint map as A B C D which is a part of Khasra No. 1393/1 measuring 3 Biswas. The Defendants have got no concern with the said house and the Chabutara. There is a wall towards the west and a door upon the aforesaid Chabutara which goes to the house of the Plaintiff. Due to rainy season, the wall standing upon the said Chabutara has fallen, therefore, he wanted to repair the said wall and if it is not repaired, there is an apprehension that the total wall including the door will also fall and there will be an obstruction for coming and going towards the house of the Plaintiff. As soon as the material for reconstruction was collected, Defendants deliberately stopped the construction and had threatened that they will take the possession of the said property and will not permit the Appellant to reconstruct the wall. Hence, the occasion arose for filing the suit.

(3.) A replication of the written statement was filed and on the basis of the pleadings of the parties, the trial courts framed 8 issues and one of the main issues was whether the Plaintiff is the owner in possession of the disputed wall which is alleged to have fallen, whether in view of Sections 34, 38 and 41 of the Specific Relief Act, the Plaintiff is entitled for any relief, whether the property shown in the plaint as ABCD is a part of the disputed Khasra No. 1393/1 and whether the Plaintiff is owner in possession of the said property ?