SUKHIA ALIAS SUSHMA MST Vs. GAMBHIRA

JUDGEMENT

(1.) FEELING aggrieved by judgment and decree dated 15-2-1995 passed in Civil Appeal No. 2-A/94 by Fifth Additional Judge to District Judge, Gwalior, whereby decree and judgment of Ninth Civil Judge Second Class, Gwalior, passed in Civil Suit No. 228a/94 was confirmed, the defendant-appellant has come up in appeal praying for dismissal of the suit of the plaintiff-respondent.

(2.) THE plaintiff-respondent had filed a civil suit against the appellant seeking relief of perpetual injunction restraining defendant from making any interference in the suit plot allegedly obtained by him on 30 years' lease from the Government of Madhya Pradesh Nagariya Kshetron Ke Bhumiheen Vyakti. (pattadhriti Ka Pradan Kiya Jana Adhikaron) Adhiniyam, 1984. According to the plaint averment, plaintiff was granted patta of a plot measuring 8. 50 x 6. 50 meters whereon he had constructed a Pator and Chhapar over the said plot. The defendant's house is situated in the north of the suit plot in the Shabad Pratan Ashram and defendant had raised a wall on the suit land causing interference in possession of the plaintiff.

(3.) THE resume of the written statement was that plaintiff is in possession of the suit plot and no lease was granted to him by the Govt. of M. P. further alleging that the patta in question is a vague deed having no record of its being granted to the plaintiff by the concerned department. The portion of land where defendant's house opens towards the suit land is being used for her passage. The door, window and passage had existed for more than 30 years.