SINGHAI RAKESH KUMAR Vs. RADHESHYAM

JUDGEMENT

(1.) The plaintiffs suit against the defendant for vacating the alleged encroached portion of 24' x 21', out of khasra No. 182/2, area 9.51 acres was dismissed by the two courts below by recording a concurrent finding of fact that the plaintiff failed to prove the alleged encroachment.

(2.) Learned counsel for the plaintiff in this second appeal has made an application for appointment of a commission for spot inspection to ascertain the fact of alleged encroachment. On the basis of this application, this second appeal was admitted on the following substantial question of law:-

(3.) Learned counsel appearing for the appellant placed reliance on the decision in the case of Gyanchand Chand Jain Vs. Mst. Champa Bai, 1953 NLJ Short Note 230, following the division in the case of Ullamibai Vs. Chhaganlal, 1974 M.P.L.J. Short Note 65.