BHOGIRAM Vs. SOPAT

JUDGEMENT

(1.) THIS appeal by plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 22/2/2005 passed by Fourth Additional District Judge, Bhind in Civil Appeal No. 8 -A/2004; confirming the judgment and decree dated 24/1/2004 passed by Civil Judge, Class II, Mehgaon in Civil Suit No. 118 -A/2003. By the aforesaid judgment, the trial Court has dismissed the suit of the plaintiff for permanent injunction.

(2.) PLAINTIFF has filed a suit on the premise that he has an ancestral house in village Mahdauli, Pargana Mehgaon and it's main door opens towards the southern side. There is a Chabutara in front of main entrance being used for outstay and to put agricultural implements. On the eastern side there is house of defendant whose main door is also towards southern side, and in front of his main door, same Chabutra is situated. However, the defendant in order to extend the boundaries of his house tried to encroach upon the Chabutra in front of plaintiff's house and started digging the area to raise construction of Pakka Chabutra, which led the plaintiff to file instant suit for permanent injunction.

(3.) DEFENDANT by filing written statement denied the plaint allegations. It is submitted that the suit land is of his ownership and possession being ancestral property and the same is being used by him to keep his cattle and agricultural implements. With the aforesaid pleadings, he prayed for dismissal of the suit.