JAGNARAIN Vs. RADHEY SHYAM SINGH

JUDGEMENT

(1.) This is defendants appeal. It arises out of Original suit No. 418 of 1970 filed for mandatory injunction in respect of a piece of land marked as E. F. G. O. in the map attached to the Plaint.

(2.) The Plaintiff respondents filed a Suit for demolition and injunction on the allegation that Plot No. 605 belongs to plaintiffs father and Uncle etc. The area one Bigha five Biswas of the said plot belong to the plaintiffs" father. The plaintiffs and his collaterals are in occupation of the said plot. The said plot is also recorded in the revenue record in the name of the plaintiffs. A lease of one biswa area was granted on 2-1 -1951 to Sri Kedar Lal (Originally the defendants who died during the pendency of the suit) Sri Kedar Lal built a house over it. The defendant Kedar Lal started making construction over a piece of land towards east which was not leased out to him in June 1970 and failed to stop the work in spite of protest from the plaintiffs. Consequently the suit for possession and mandatory injunction directing the defendants to remove the construction and to restore the land to its original state was filed.

(3.) Sri Kedar Lal who died during the pendency of suit did not dispute that the plaintiffs are owners and bhumidhars of plot No. 605. He pleaded that the disputed construction does not fall in Plot No. 605 vide Para 18 of the written statement and he has perfected his title by adverse possession. He also raised the plea of estoppel and acquiescence.