SMT. SHEELA SHARMA Vs. SUNDER LAL SHARMA

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal is filed at the instance of the defendants under section 100 of CPC being aggrieved by the judgment and decree dated 12.1.2016 passed by the Second Additional District Judge, Satna in Civil Appeal No.27-A/2013; whereby the appeal of the respondent no.1/plaintiff has been partly allowed and the judgment and decree passed by the trial court has been set aside.

(3.) It is the case of the appellants that plaintiff Sunder Lal Sharma/present respondent no.1 filed a suit for restoration of possession for opening of a ventilator/window and for mesne profit. The suit was filed by the respondent no.1/plaintiff on allegations that plaintiff is a title holder, possessor of suit property vide Survey No.124 and a house constructed at Survey No.123 has been constructed by Saukhilal, which was objected by the plaintiffe for which demarcation report was obtained from Tahsildar, Raghuraj Nagar, District Satna and after demarcation report, plaintiff came to know that Late Saukhilal Sharma has sold the land vide Survey No.124, admeasuring 0.33 acre in which over some part of land construction of window and ventilator was made by the plaintiff, as per spot map. Since plaintiff has many times requested to Late Saukhilal to demolish the said illegal construction made over the suit property of plaintiff, but yielded no result. Therefore, civil suit was preferred.