RAGHUVEER SARAN Vs. BHAGWAN DAS

JUDGEMENT

(1.) This is defendant's second appeal under Sec. 100, C.P.C.

(2.) The plaintiff-respondent filed a suit for permanent injunction restraining the defendant-appellant from interfering in his possession. The plaintiff's case was that he is owner and in possession of the land in question which is shown in the plaint map by letters "A, B, C, D, Y, R, L", (hereinafter referred as suit property). It is his Sahan land and he has constructed chabootara which is shown by letters "D,Y,R,L". The plaintiff averred in the plaint that his house is an ancestral property and towards east and north house of the defendant is situated. The defendant is causing interference in his possession over the suit property and he intends to demolish chabootara for which he does not have any right. It is stated that cause of action arose on 15.8.2006 when the defendant attempted to demolish the chabootara.

(3.) The defendant - appellant contested the suit and took the plea that suit property is his Sahan and plaintiff has constructed said chabootara in his absence without any title or authority. The defendant also filed counter claim for demolition of the chabootara and possession over the said land.