RAMSWEAMWAR Vs. BHAWANIDEEN

JUDGEMENT

(1.) Heard arguments of learned counsel for the parties on admission of second appeal and perused records.

(2.) Original Suit No. 10/ 2002, Bhawanideen & others v. Ramsweamwar & others, was filed for relief of removal of encroachment over plot no. 227 of plaintiffs and plot no. 226 of public way (Chakroad). This suit was contested by defendants with averment that defendants had not made any encroachment on public land (Chakroad) and it is the plaintiff who had raised such encroachments. Therefore his suit should be dismissed.

(3.) After affording opportunity of hearing, Civil Judge, Senior Division (/Additional Chief Judicial Magistrate), Chitrakoot had decreed the original suit by its judgment dated 19.8.2011 and directed the defendants to remove their constructions raised over plots no. 226 and 227. The judgment of trial court was passed after getting the disputed property surveyed and confirming the survey-report.