RAMESHWAR DAYAL Vs. RAMSINGH

JUDGEMENT

(1.) THIS second appeal filed u/S. 100 CPC assails the dismissal of the suit by both the Courts below by which plaintiff/appellant herein, sought declaration of ownership, for removal of encroachment made by the defendants and permanent injunction.

(2.) THE present second appeal has been admitted on the following substantial question of law:- "Whether the courts below were justified in decreeing the suit holding therein that the plaintiff has not taken steps to get the land demarcated, whereas the civil court has rejected the application of plaintiff for demarcation of land under order 26 Rule 9 of the Code of Civil Procedure?" Whether in the absence of agreed map by the parties the trial court was justified in decreeing the suit without taking recourse to demarcation of land for determining the exact area of the disputed land"?

(3.) THE defendants in their written statements denying the contentions of the plaintiff, unanimously stated that the description of the property as alleged by the plaintiff is not clear.