GANDHI ASHRAM Vs. HARI PRASAD AGRAWAL

JUDGEMENT

(1.) THE respondents No. 1 to 3 filed a Civil Suit No. 15 -A/84 against the appellant and the respondent No. 4 for declaration that they are the owners of Plots No. 422/42 and 422/43, situate at village and Tahsil Manendragarh, District Sarguja. Further prayer made by the respondents No. 1 to 3 was that the appellant be declared as their tenant. The respondents No. 1 to 3 sought in their relief clause requiring the Court to pass a decree of permanent injunction to the effect that the respondent No. 4 shall not settle the suit land in favour of the appellant.

(2.) THE respondents No. 1 to 3 claimed that they had constructed a house which was mainly on Plot No. 422/42, area 42' x 21'. This house was constructed in the year 1947 by the ancestors of the respondents No. 1 to 3 and they inherited it. It was also stated that the appellant was their tenant for last twenty years at the rate of Rs. 60/ - per month as rent. A part of that house was situate on Plot No. 422/43.

(3.) THE respondent No. 4, in his written statement, did not dispute that the Plot No. 422/42 belonged to the respondents No -. 1 to 3. However, it asserted that the Plot No. 422/43 was government land and the respondents No. 1 to 3 had encroached upon that part of the land by constructing a building thereon. Consequently, an order was passed declaring the appellant to be the tenant of the respondent No. 4 and the Tahsildar was directed to collact the rent on behalf of the State, by the Sub -Divisional Officer, Koriya.