RAMPHAL Vs. LATE HARBUX SINGH AND 10 ORS

JUDGEMENT

(1.) Heard Shri S.N. Tiwari, learned counsel for the appellant.

(2.) This is plaintiff's appeal against the dismissal of the original suit no. 1869 of 1983. Plaintiff filed suit for permanent injunction with respect to the disputed property namely, Aa, Ba,Sa and Da with the prayer that defendant be restrained from making constructions over the suit property and from taking possession of the same and further be restrained from demolishing the hut namely Pa, Fa, Ba and Bha lying over the suit property Aa,Ba,Sa,and Da.

(3.) The case of the plaintiff is that entire area shown by letters Ka, Cha, Pa, Ra, La, Va, Sa and Da in the plaint map is the land adjacent to the house of plaintiff. Almost 15 meter away from the half constructed room, there lies hut of plaintiff which has been shown by Pa, Fa, Ba Bha. This hut was given to one Jawhair Bhujwa for the purpose of doing the work of "Bhar" i.e. work of roasting. He is using the said hut for the purpose of "Bhar" and in the evening he goes back to his home. Land which has been shown by letters Ka to Da mentioned in the plaint map is in possession of the plaintiff since the time of his ancestors before abolition of Zamindari and was being used as Sehan to the house of the plaintiff's father. The house of the defendant is far away from the disputed property. The defendant has no concern from the suit property.