URMILA Vs. BHOGIRAM

JUDGEMENT

(1.) THIS second appeal is preferred by the defendant against the judgment and decree passed by Ist Appellate Court affirming the judgment and decree passed by the Trial Court decreeing the suit of the plaintiff for declaration and injunction.

(2.) PLAINTIFF Bhogiram who is respondent in this appeal, filed a suit for declaration and injunction alleging that the land in question was purchased by him in the year 1976 from Mahant Bhagwat Das and obtained possession. Thereafter, the plaintiff raised construction and built a house on a portion of the land and the rest portion has been kept open. The defendants by taking law in their hands are trying to take possession of open land of plaintiff and is trying to dispossess him, hence, the suit has been filed for declaration and injunction.

(3.) THE defendants denied plaint averments. According to them, Mahant Bhagwat was not the owner of the land nor he was possessing the same. The suit land has not been alienated by registered sale deed. According to the defendants, the plaintiff is not possessing the suit property. They have pleaded in their written statement that on the suit property, they are preparing cow dung cack (Kande) and throwing garbage and in this manner they are possessing the land in question.