KASHIRAM Vs. RAMESHWAR

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 07.01.2016 passed by the 2 nd Civil Judge, Class-II by which application under Order 26 Rule 9 of the CPC has been rejected.

(2.) The petitioner/plaintiff filed the suit for possession and means profit against the respondent/defendant No.1 contending that they are owner of Survey No.292 (Area 1.340), situated in Sherpur Khurd and the respondent may be directed to hand over the vacated possession of south side of Survey No.292, (area 0.25 hectare).

(3.) The respondent filed a written statement denying the aforesaid fact and contended that they have not encroached over the land of the plaintiff and they are in possession over their own land being Survey No.271. On their application, demarcation was done and in which it is found that the plaintiff had encroached upon some part of their land being Survey No.279.