KEWAL SINGH Vs. UMMED SINGH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) THE appellants/plaintiff have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 17.11.2009 passed by the Court of VI ADJ (FTC) Bhind in Civil Appeal No. 17 of 2009, confirming the judgment and decree dated 31.10.2008 passed by the court of Civil Judge Class II, Mehgaon in Civil Suit No. 41A of 2006 whereby, the suit filed by the plaintiffs for declaration and permanent injunction in respect of the suit land bearing Khasra No. 452/2 (New No. 1523) area 0.62 Hectares situated in village Sikroda Tehsil Mehgaon district Bhind (hereinafter would be referred to as "disputed land") and for getting the doors and windows of the house opened situated therein was dismissed. In this appeal, the appellants are referred to as "plaintiff" and the respondents to as "defendants". The facts in brief of the case are that the disputed land was purchased by the plaintiff vide sale deed dated 21.10.1978 and he got the house constructed in the year 1980 on it and the defendants are having no title in the disputed land. In spite of that, defendants No. 1 to 5 filed a Civil suit 338A of 1998 in the court of Civil Judge Class I Mehgaon and got the decree to the effect of closing the doors and windows of the house situated in the disputed land. But the said decree was pertaining to land bearing Khasra No. 452/3, hence, it was not binding upon the plaintiff. The plaintiff also got the disputed land measured by the revenue court in which, the doors and windows were found in Khasra No. 452/02. But taking pretext of judgment and decree of learned trial Court, the defendants No. 1 and 2 got the doors and windows closed. Hence, the plaintiff filed a suit against the defendants for the relief stated herein above.

(3.) AFTER framing of the three issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court dismissed the suit of the plaintiff against the defendant as stated above.