JAGDISH PRASAD Vs. MAHENDRA PRATAP

JUDGEMENT

(1.) S. K. Phaujdar, J. The appeal was heard on the point of admission on 1-4-97 in presence of Sri YK. Berman for the appel lant and Sri O. K. Tripathi for the caveater-respondent.

(2.) THIS second appeal is directed against the judgment and decree dated 23-2-1997 passed by the IVth Additional District Judge, Mathura, in Civil Appeal No. 108 of 1991 which had confirmed the judgment and decree of the IIIrd Additional Civil Judge, Mathura, dated 12-8-1991 in Original Suit No. 222 of 1990. The suit was filed by the present caveater for possession of the suit property and for restraint on future disturbance in his possession by the defendant. Certain area was developed by one Praveeen Kumar for setting up a colony under the name of Shanti Nagar. He had subdivided the area into smaller plots and sold away the same to different persons. One such plot No. 31 was sold by Praveen Kumar to one Sri Rajesh Kumar in 1 974 and Rajeshwas put in possession. Subsequently, this Rajesh sold this plot No. 31 to the present plaintiff in the year 1975 and delivered possession to him. Taking chance of the temporary absence of the plaintiff, who had been in military service, the defendants, trading no concern with plot No. 31, had started making a construction on the said plot. They also declared themselves to be the owners of the plot in question and they based their title on the basis of pur chase of plot No. 38. It was the case or the plaintiff that plot No. 38 was for away from plot No; 31 and there was not even a com mon boundary between these two plots, hence the suit was filed.

(3.) THE defendants filed a first appeal and the findings of the courts below were confirmed and the appeal was dismissed.