GENDALAL (DEAD) THR. LRS VINDO Vs. RAMNARAYAN

JUDGEMENT

(1.) The appellants/defendants have filed this Miscellaneous appeal against the judgment and decree dated 10.04.2015 passed in Civil Appeal No.61-A/2014. By the aforesaid judgment, the appellate Court set aside the judgment and decree passed by the trial Court and remanded the matter back to the trial Court for fresh decision after permitting the respondents to adduce additional evidence.

(2.) Plaintiffs filed a suit for declaration, permanent injunction and possession. The plaintiffs pleaded that they purchased the suit house along with open land vide registered sale deed dated 16.03.1989 from one Amrit Lal Soni, in a consideration of Rs.50,000.00. The house of the defendants is also situate at North side of the house of the plaintiffs. The defendants made an encroachment on some portion of the land by constructing latrine and wall. They had also erected fencing and handpump. The encroachment by the defendants was illegal.

(3.) The appellants-defendants denied the pleadings of the plaintiffs. They pleaded that ancestors of plaintiff Mr. Balmukund had accepted the boundaries. In accordance with the agreement, the Civil Judge Class-I Gadarwara opined that the plaintiffs had wrongly mentioned the area of the land in the sale deed. The defendants further pleaded that there was no encroachment. Earlier also civil suit was instituted between the parties which was registered as CS No.62-A/99 and judgment and decree was passed on 15.7.2005 hence, the present Civil Suit is barred on the principle of res judicata.