AMOL SINGH Vs. HEERA SINGH

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 4.8.2004 passed by Additional District Judge, Lalitpur in civil appeal no.9 of 2002 arising out of O.S. no.104 of 1994, dismissed by the Civil Judge (J.D.) dated 5.9.2002.

(2.) The brief facts which gave rise to this appeal are that respondent- plaintiff, hereinafter called the ''plaintiff' filed a suit, original suit no.104 of 1994 for the relief of declaration and injunction against the appellant- defendant, hereinafter called the ''appellant'. The allegations contained in the suit are that the respondent claimed himself to be the owner in possession over plot no.380, situate in village Kunwaghosi, pargana and tehsil Maharoni, district Lalitpur in which his constructions are situated. As per the boundaries given by the respondent there is a rasta towards the east and house of one Gosai and towards the west houses of either Mahesh Singh or Nathu and towards north house of Sube and Biria and towards south the rasta. Earlier there was a dispute regarding the possession and proceedings were drawn under Section 145 Cr.P.C. in which the S.D.M. found the possession of defendant. The proceedings were dropped with the direction that the parties can get their rights decided by a competent civil court. Against that order the respondent filed revision which was earlier dismissed, hence the respondent filed this suit for declaration and injunction against the appellant.

(3.) The appellant contested the suit on the ground that the disputed land falls in plot no.381.