MATADEEN (SINCE DECEASED) Vs. KALI CHARAN

JUDGEMENT

(1.) Heard counsel for the appellant on point of admission on second appeal and perused the record.

(2.) In Original Suit No. 85/2006. Matadeen & another v. Kali Charan & others, plaint case in brief was that plaintiffs are owner in possession of disputed land (55' x 45') as detailed in plaint map by letters 'Aa, Ba, Sa, Da'. They have been paying house tax of this property to Nagar Panchayat, Kulpahar and were formerly given sanction to construct their house over it. When plaintiffs had collected construction material then defendants had started unauthorized obstructions in plaintiffs user of disputed land and are threatening to takes its forceful possession. Therefore for restraining them the plaintiff had filed suit for permanent injunction.

(3.) In written-statement filed by defendants the plaint case was denied and it was further pleaded that disputed property is a public open land which is being used by public purposes. The plaintiffs have no concern, right or title over this property. The plaintiff had irregularly got his name entered over this property in house-tax register and are now trying to raise construction over this public property. When this matter was inquired, the administration had stopped plaintiffs from raising any construction over it. The original suit is liable to be dismissed.