PRITAM SINGH Vs. GOVIND PRASAD D

JUDGEMENT

(1.) Heard Sri G. C. Kandpal, Sri P. S. Danu and Sri K. N. Joshi, Counsel for the appellant and Sri Pankaj Purohit, Counsel for the respondent.

(2.) BY the present first appeal filed under section 96 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 13. 9. 1990 passed by the District Judge Chamoli in a suit for demolition and removing the constructions and handing over possession to the plaintiff within a month failing which the same be demolished by the plaintiff at the expenses of defendant through police and also passed permanent injunction restraining the defendant from raising constructions over the disputed land in future and also that of the public land.

(3.) THE defendant has contested his case by filing a written statement. He has denied the possession of the plaintiff on the land in dispute. Further he has stated that the plaintiff has been allotted eight Mutthi Land in Khasra No. 2119 as will appear from Para No. 1 of the plaint. He has stated in paragraph 19 of the additional pleas that he is unaware of any lease granted in favour of the plaintiff.