DINESH SHARMA Vs. BAKUL MEHTA

JUDGEMENT

(1.) The appellant/defendant has filed the present appeal being aggrieved by the judgment and decree dated 03.01.2013 passed in C.S.No.13-A/2011 by the Second Civil Judge, Class-II, Betul by which the suit has been decreed and the judgment dated 21.12.2013, passed in Civil Appeal No.2-A/2013 by the First Additional District Judge, Betul by which the first appeal filed by the defendant has been dismissed.

(2.) Facts of the case are as under:

(3.) According to the plaintiff, he had purchased a plot with the defendant measuring 40 x 60 area 1200 sq.ft and both have equal right, but the defendant has illegally encroached over the area 5.60 sq.ft which is more than 1/2 share of the defendant. There was no partition between plaintiff and the defendant, therefore, they are joint owner and in possession of the suit property. The plaintiff served a legal notice dated 25.05.2017.