LALLOORAM HALKERAM KORI Vs. ANIL KUMAR TIWARI

JUDGEMENT

(1.) This appeal is by the defendant, which was admitted by a Bench of this Court on the following substantial questions of law :-

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit on the ground that the plaintiffs purchased the suit house situate on Khasra No.146/1 vide registered sale-deed dated 18.6.1982 from one Mithailal. It was further averred that the defendant's house is situate on western side of the plaintiffs' house. The defendant had purchased 750 sq. ft. of land, which is evident from the sale-deed executed in his favour. However, the defendant encroached the land admeasuring 59.7 sq.ft. situate on western side, which belongs to the plaintiffs. Accordingly, the plaintiffs' filed a suit seeking the relief of mandatory injunction for removal of encroachment as well as for permanent injunction restraining the defendant from interfering with the possession of the plaintiffs over the suit land.

(3.) The defendant filed the written statement, in which the claim of the plaintiffs' was denied and it was further pleaded that the defendant had raised construction on the land which belongs to him, and the suit of the plaintiffs' is not maintainable as the plaintiffs' have failed to claim the relief of declaration and possession.