SHYAM NATH Vs. DURGA PRASAD

JUDGEMENT

(1.) These two appeals have been filed by the defendants.

(2.) Suits for possession and injunction in respect of two separate portions of a house have been decreed against them by both the Courts below.

(3.) Suit No. 349 of 1965 was filed by Durga Prasad for possession of the house, removal of construction and for an injunction restraining the defendants from interfering in plaintiff's possession and from making any constructions over the open land Suit No. 350 of 1965 was filed by Beni himself alleging that he was the owner of the entire house. He had transferred the northern portion to Ramji and in his turn Ramji transferred the same to Durga Prasad. Beni Madho continued to be the owner of the remaining portion Kha-Ga-Gha-Cha. It was alleged that the defendant No. 1 was the Chairman of the Chuaar Municipal Board and was an influential person of the locality and he was real brother of the other defendants. The defendants forcibly occupied the portion sold to Durga Prasad and forcibly dug the foundation for making new constructions. They fixed a new latch (chain or Sikri) in the door that opened towards the house of the plaintiff and forcibly took possession of that house as well.