GULABI Vs. SATISH NARAIN

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment dated 29.10.1983 passed by VIII Additional District and Sessions Judge, Deoria in civil appeal no.280 of 1982 arising out of suit no.724 of 1980 decided by the Court of Munsif Deoria on 10.8.1982.

(2.) THE brief facts which give rise to this appeal are that the plaintiffs -respondents, (hereinafter called ''the respondent') filed a suit for the relief of permanent prohibitory injunction and for removal of charan represented by latter ''cha' in the plaint map against the defendant -appellant (hereinafter called ''the appellant'). The said suit was registered as suit no.724 of 1980. As per the plaint contention initially the house of the respondent was kaccha and they got map approved by the municipal board for making pucca construction and left some land as sahan which has been shown by letter ''Aa' ''Ba' ''Sa' ''Da' in the plaint map measuring 25 feet east -west and 43 feet north -south. The said land is in continuous use and possession of the plaintiffs for keeping their cattle etc. The house of the appellants lies towards west of the sahan of the respondents' house. The appellant has no concern with the land used as sahan by the respondents. However, in order to grab this land the appellant tried to construct a charan and the respondent immediately filed this suit.

(3.) THE suit was contested by the appellants on the ground that the disputed land is in fact the sahan of the defendants and in between the house of the respondents and the sahan of appellants their lies a municipal lane which the respondents have illegally encroached upon and included the same in their house. All the constructions present on the sahan are the constructions of appellants and the respondents have no case and the suit is liable to be dismissed.