HALKU RAM Vs. GOLA

JUDGEMENT

(1.) THE instant appeal is directed against the concurrent judgment and decree dated 11.03.2011 passed in Civil Appeal No.47 -A/2010 confirming the judgment and decree dated 04.10.2010 passed in Civil Suit No.10 -A/10 dismissing the Civil Suit filed for declaration and permanent injunction.

(2.) FACTS necessary for disposal of this appeal are that in village Amarpura, Tehsil Aron agricultural land Rakwa 2.000 hectare is falling in Survey No.41/5/1 recorded in revenue records in the name of defendant Gola, S/o Dhola. Land admeasuring 0.209 hectare on southern side of the aforesaid land is disputed in the instant case.

(3.) THE defendant Gola has disputed and denied the plaint allegations and stated that after division of land as per the order of Tehsildar, he continued to be in possession and doing cultivation thereon. He denied that the plaintiff is in possession of 0.209 hectare vide survey No.41/5/1 on the part of possession of land at any point of time. The Suit land has never given to the plaintiff through agreement dated 26.12.1985. The plaintiff has come out with false and fabricated facts and accordingly prayed for dismissal of the Suit.