TEJAL Vs. PRAGYANAND

JUDGEMENT

(1.) This second appeal under Sec. 100 of CPC has been filed against the judgment and decree passed by the Additional District Judge, Beohari, District Shahdol to the Court of District Judge Beohari in RCA No.42/2019 arising out judgment and decree dtd. 29/11/2019 passed by the Civil Judge, Class-1, Beohari, District Shahdol in RCS No.36-A/2017.

(2.) The appellants are the defendants who have lost their case before the First Appellate Court.

(3.) Facts necessary for disposal of the present appeal in short, are that the plaintiff filed a suit on the ground that the plaintiff and defendants are the real brothers. Defendant No.2/appellant No.2 is a Sarpanch and has a protection of local politician and therefore, he is creating dispute. The plaintiff has purchased the land in dispute from the defendant No.1 by registered sale deed dtd. 30/12/2008 for a consideration of Rs.60,000.00 and thereafter he constructed a boundary wall. He is in possession of the same from the date of execution of sale deed. The name of the plaintiff was also mutated accordingly. On 26/6/2017 when the plaintiff started raising construction on the said plot, then the defendant No.1 came on the spot and forcibly stopped the work. On the next day, the defendant No.1 claimed additional amount of Rs.1,00,000.00 and also threatened that he would not allow the plaintiff to raise construction. An FIR was also lodged on the 28/6/2017 but no action was taken by the Police. On 14/7/2017, the defendant No.2 alongwith his family damaged a part of the boundary wall and also took away two trolleys of gravel. FIR was lodged but no action was taken. In spite of the fact that defendant No.1 has alienated the property still he is challenging the title of the plaintiff and accordingly, the suit was filed for declaration of title and permanent injunction.