SHEO DAS Vs. RAM JIYAWAN RAM

JUDGEMENT

(1.) This is a defendants-appellant's appeal. The facts of the case is, that the plaintiff filed a suit for mandatory injunction directing the defendant to remove the wall and Chappar shown by the letters indicated in the plaint map and restore the land in its original condition in favour of the plaintiff. The plaintiff also prayed for a permanent injunction restraining the defendant not to interfere in the plaintiff's possession over the land in question. The plaintiff contended that he was the owner and in possession over the land in question since the time of his ancestors and that the defendant illegally erected a Chappar in the Sehan of the plaintiff.

(2.) The defendants contested the suit and denied the ownership and possession of the plaintiff over any part of the land in dispute. The defendants in their written statement contended that the land in suit was in their possession for a long time and that the plaintiff was never in possession.

(3.) On the basis of the pleadings, the following issues were framed: