NAND KISHORE Vs. SHESH RAM

JUDGEMENT

(1.) The appellants-plaintiffs have come forward to this court against dismissal of their suit for declaration, mandatory injunction and possession by Ist Additional District Judge, Raisen in Civil original Suit No. 2-A/97 vide judgment and decree dated 21.12.1991.

(2.) The facts giving rise to this appeal in short are that the late Dhanna Lal Patel, the father of the plaintiffs obtained a plot measuring 22x50 sq. ft. situated at Bhopal road Obedullaganj from Nemichand and Bhanwarlal in compromise of the civil original suit no. 12-B/60 decided by the Additional Court to the Court of Civil Judge, Class I, Goharganj, vide judgment dated 5th March 1960 and constructed a house comprising two shops with gallery on it in the year 1961. Subsequent to it, Dhanna Lal died on 14.4.1980 and the appellants inherited such property as his natural heirs. While it's adjoining plot towards the southern side measuring 187x50 sq. ft. was purchased by the respondents from the same earlier owner Nemichand and Bhawar Lal, vide registered sale deed dated 13.4.1959. The respondents while constructing their new house on their plot encroached the land of the appellants measuring 2x50 sq. ft. towards East to West by demolishing their existing wall and roof.

(3.) In written statements the averments made by the appellants regarding alleged encroachment and construction over the plot of the appellants are denied. The father of the respondents constructed their house initially in the year 1965. In the family partition of the respondents the part of disputed side was given to the respondent no.3 and 4 and they have constructed the new house after demolishing the old structure.