SHAILENDRA Vs. RAKESH

JUDGEMENT

(1.) By this second appeal under section 100 of CPC appellant has challenged the judgment of the two courts below. Trial court by judgment dated 21st February 2011 had dismissed the CS No. 19A/2009 filed by appellant and the first appellate court by the judgment dated 18/9/12 by dismissing the appeal has affirmed the judgment of the trial court.

(2.) The appellant had filed the suit for possession and permanent injunction with the plea that he was owner in possession of house no. 141 Roopram Nagar Indore situated in survey no. 1418 and registered lease deed is in his favour for an area of 122 ft X 6 inches towards north; 50 ft towards west; and 95 feet towards south. Hence the plot was triangular and that the respondent had encroached upon an area of 6X 5ft on the appellant's land by putting gumti on it.

(3.) The respondent by filing the written statement had denied the plaint averments and had taken the plea that gumti is in khasra No. 1418/1 which was purchased by Sohanlal father of respondent vide sale agreement dated 5/7/1990 from Laxman Singh.