MAHAVIR PRASAD VARUN Vs. KALAUDI RAM

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard learned Counsel for the appellant.

(2.) THIS appeal challenges the judg ment and decree of the lower appellate Court dated 17-8-2006 whereby the judgment of the trial Court decreeing the appellant plaintiff's suit has been set aside and the appeal had been allowed.

(3.) THE lower appellate Court after hearing both the parties was of the view that since the appellant plaintiff had agreed for relief of demolition of certain construction alleged to have been raised in the disputed land by the defendant, he has not indicated its ex tent in the plaint map nor he has got any scale map of the property prepared for the said purpose, which could be said to be a guideline for granting the decree of demolition. THE lower appellate Court also did not find it proper to grant the declaratory relief in respect of disputed sale-deed. Accordingly, the appeal was allowed and the judgment and decree passed by the trial Court has been set aside by the impugned judgment.