RUKMANI BAI Vs. CHUNNILAL

JUDGEMENT

(1.) This Second Appeal was filed by Ramnarayan who was arrayed as defendant No. 1 in the suit having lost from two Courts below. During the pendency of this appeal he died and present appellants are his L.Rs.

(2.) The plaintiff (respondent No. 1, herein) Chunnilal filed a simplicitor suit more than 31 years ago for possession and removal of encroachment made by defendant No. 1 stating in the plaint that Khasra No. 144/3 area 5 acres has been reserved for 'khalihan' and the same is also recorded in Wajib-Ul-Arz and Nistar Patrak. According to the plaintiff, defendant Nos. 2, 3 and 4 namely Amardas, Smt. Amrawati and Smt. Irawati (respondent Nos. 2 to 4 herein this appeal) are 'Bhumiswami' of said Khasra No. 144/3. It has also been pleaded by amending the plaint that plaintiff is also using the 'khalihan' for storing his agricultural produce and he is having easementary right on that area of land in which 'khalihan' exists. However, it is pertinent to mention here that the area and dimension of 'khalihan' has not been mentioned in the plaint. Further it has been pleaded in Para 4-A of the plaint that 'khalihan' is being used from 15th October to 15th June and thereafter the 'khalihan' is removed. For the rest of the period of the entire year 'Bhumiswami' viz., defendant Nos. 2 to 4 (respondent Nos. 2 to 4) uses the land for their cultivation since they are the 'Bhumiswami' of that land.

(3.) Further, it has been pleaded in Para 5 of the plaint that defendant No. 1 whose L.Rs. are present appellants have encroached upon 'ka' 'kha' 'ga' and 'gha' portion marked in the map admeasuring 30 paces by 30 paces and has grown up bushes there. Hence, it has been prayed that the encroachment made by defendant No. 1 be removed and obstructions of the bushes which he has erected be also removed and further the possession be delivered to the plaintiff.