SHANTI BAI Vs. ARVIND KUMAR

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 12/7/2001 passed by IV A.D.J., Vidisha in R.C.A. No. 13-A/1999 arising out of Judgment and Decree dtd. 30/10/1993 passed by 1 Additional Civil Judge Class 1 Vidisha in Civil Suit No. 43-A/1991.

(2.) The necessary facts for disposal of the present appeal in short are that the appellants are the legal representatives of the defendant Deendayal. The respondents are the legal heirs of plaintiffs. The suit was filed by Gulabhchand and his wife Smt. Ratanbai. The suit was filed for permanent injunction on the ground that the plaintiff no. 1 had purchased two plots situated in Ward No. 14, Municipal Council, Vidisha in the name of plaintiff no. 2 by a registered sale deed dtd. 19/4/1948. Both the plots are adjoining to each other and the total area of both the plots is 60 - 60 sq. ft. It was pleaded that although both the plots were purchased in the name of the plaintiff no. 1, however, the same are the joint properties of the plaintiffs. The plaintiffs decided to raise construction and accordingly building permission was also granted. But it was pleaded that on 7/7/1976, when the plaintiffs were raising construction, the defendant (Deendayal) started making objections, and apprehending the dispute, the plaintiffs stopped the construction and lateron found that the defendant Deendayal (the respondents are legal heirs of Late Deendayal) has affixed certain logs and is trying to encroach upon the land belonging to the plaintiffs. In nutshell, the dispute was the defendant is trying to encroach upon the disputed land belonging to the plaintiffs and therefore, a decree for permanent injunction was sought against the defendant, thereby restraining him from encroaching upon the plots no. 49 and 50 admeasuring 60 - 60 Sq. Ft. The plaint was amended and it was prayed that a decree for possession of area marked as A, B, E, F in plaint map be granted.

(3.) The defendant denied the plaint averments.