SOHAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Shri Sharad Sharma, counsel for the appellant and Standing coun sel for the State.

(2.) BY the present second appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside judgment dated 15-3-2007 passed by the District Judge, Tehri Garhwal.

(3.) A writing statement was filed on behalf of the defendant denying the en tire averments contained in the plaint. In paragraph 5 of the written statement, it has been stated that plot no. 490 has been transferred to the Tourism Depart ment of the Government and the plain tiff has encroached upon the land meas uring 6. 5 x 5 metre causing the incon venience to the tourists. The plaintiff has obstructed the passage there for which concerned Sub Divisional Magistrate has directed the Tehsildar to take legal ac tion and remove the encroachment. Le gal action under Section 133 Cr. P. C. was also initiated against the plaintiff. The plaintiff is not entitled to any relief and the suit is liable to be dismissed.