DAVESHWAR PRASAD TIWARI Vs. KALYAN SINGH

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 Code of Civil Procedure, 1908, is directed against the judgment and order dated 09-08-1977, passed by learned District Judge, Pauri Garhwal in civil appeal No. 34 of 1970 and civil appeal No. 37 of 1970, arising out of suit No. 05 of 1967.

(2.) HEARD learned counsel for the Parties and perused the record.

(3.) THE trial court framed as many as nine issues on the basis of the plead ings : 1. Whether the plaintiffs are the owners of that portion of plot over which the disputed kitchen and its upper construction exists ? If so, whether the defendant is liable to be ejected therefrom on the ground alleged in the plaint ? 2. (a) Whether the plaintiffs have exclusive right to use the dis puted nali ? (b) Whether the plaintiffs suit in respect of the said nail is not maintainable ? ' 3. Whether the plaintiffs are owners of plot No. 147/1 and whether any of its portion has been illegally encroached upon by the defendant ? If so, its ef fect ? 4. THEther the lower portion of the kitchen was constructed by the plaintiffs ? 5. Is the suit bad for non-joinder of necessary parties ?