STATE OF M.P, Vs. RAMNARESH BRAHMIN

JUDGEMENT

(1.) THIS appeal is by the defendants, 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 plaintiff filed a suit inter - alia on the ground that the land admeasuring 30 x 80 square feet bearing Khasra No.1155 was alloted on lease to him for a period of 30 years on 18.11.1986 for construction of the house. The plot was renumbered as Khasra No. 1155/2. The plaintiff had raised temporary construction on the plot in question, which was in dilapidated condition. On 19.12.2000, when the plaintiff commenced construction work of his house, the defendant No. 1 came to the spot along with the staff and restrained the plaintiff from raising construction on the plot in question. Thereupon, the plaintiff got the plot demarcated and filed the suit seeking the relief for permanent injunction.

(3.) THE trial Court vide judgment and decree dated 31.1.2008 inter -alia held that the land bearing Khasra No.1155/2 admeasuring 0.022 hectares as shown in the plaint map was allotted to the plaintiff on lease. On the basis of demarcation reports on record as well as the testimony of Swamysharan Pandey (PW 5), Revenue Inspector, who carried out demarcation and Harilal Soni (PW 6) Patwrari, who was present at the time of demarcation, the trial Court held that the plaintiff is in possession of the plot allotted to him on lease. It was further held that no evidence has been adduced by the defendants to prove that the plaintiff carried on construction on the land, which belongs to the defendants, which bears Khasra No. 1156. Accordingly, the suit filed by the plaintiff was decreed. The aforesaid decree was affirmed in appeal by the lower appellate Court.