SAVITRI BAI Vs. KRISHNA MORARI

JUDGEMENT

(1.) Plaintiff/respondent instituted a suit for restoration of possession and mesne profits in respect of piece of land admeasuring 15 ft. 55 ft., situated at Mohna,district Gwalior. According to the plaintiff, he was owner of the suit land which formed part of a plot admeasuring 80 ft. x 195 ft., which was given to him by one Rao Sultan Singh, the Ex-Zamindar of village through a deed dated 20/3/1945. Since then,the plaintiff was in possession of the land. In the year 1956, he obtained permission for construction of a house on the said land from Gram Panchayat,Mohna and collected building material on it. The original defendant,namely,Nahneram forcibly encroached upon the land in the year 1965 and constructed a house on it. Defendant did not remove the encroachment despite notice dated 31/3/1965 which forced the plaintiff to institute a suit giving rise to the present appeal. Plaintiff claimed restoration of possession with mesne profits @ Rs.5 p.m. w.e.f,,1/3/1965 till the date of restoration.

(2.) Nahneram submitted written statement denying thereby the claim of the plaintiff. He denied that the land was given to the plaintiff by Ex-Zamindar. On the contrary, it is contended that the defendant Nahneram obtained the land from Gram Panchayat,Mohna for constructing a house. Thus, the house constructed by him is a valid construction. The deed dated 20/3/1945 was opposed as inadmissible.

(3.) Learned trial court after recording the evidence dismissed the suit vide judgment and decree 24/7/1976.