BARKU Vs. POONABAI

JUDGEMENT

(1.) This is a second appeal against the judgment of first appellate court / Additional District Judge, Gondia in Regular Civil Appeal No. 99/1987. The facts giving rise to this present appeal in short is as under :

(2.) In 1979 plaintiff secured required permission from the municipal authority and started construction of septic tank of latrine and bathroom of the said land. The defendant (appellant) tried to obstruct work on 18.05.1979. Wife of plaintiff was only present, the defendant and his son again quarreled and abused them. Defendant thrown household articles lying there. Construction of the latrine was partly done. The report was lodged in the Police Station. Therefore plaintiff claim injunction against the defendant.

(3.) The defendant (appellant) filed written statement vide Exh.27. The defendant denied the contention of the plaintiff. It is submitted that he has purchased the suit land with other land for Rs.375/- out of Abadi Khasra no. 98 situated in Killa Ward vide registered sale deed at 08.03.1960. Since then he is in continuous peaceful possession of the said land. He constructed a small hut on the suit land in summer of 1979 and had been continuous in possession. It is submitted that after obtaining temporary injunction, the plaintiff dismantle the hut of the defendant.