ARVIND Vs. MANNALAL

JUDGEMENT

(1.) WITH the consent heard finally. Both these appeals have been filed under Order 43 Rule 1 (u)of the Code of Civil Procedure {for short the C. P. C. } against the common judgment and decree dated 22. 01. 2008 passed by the 1st additional District Judge, Neemuch in Regular First Appeals No. 10-A and 11-A/2007. As the question of facts and law involved in both the appeals are common, they are being decided by this common order.

(2.) BRIEFLY stated, the respondent/plaintiff filed a Civil Suit no. 86-A/2005 for permanent injunction for restraining the defendant from interfering into his possession on the part of the plot admeasuring 60 x 40 square feet situated at Village Antri Bujurg, tehsil Manasa. According to the plaintiff he being owner and in possession of the said plot, the respondent has no right to restrain him from raising construction over it and to forcibly dispossess him by demolishing the construction raised over it.

(3.) THE appellant/defendant filed a written statement and counter-claim. He averred that for the legal necessity of family the plaintiff, his brother Karulal and his mother Suhag Bai had sold part of the said plot admeasuring 18 x 60 sq. feet to one Guman Singh vide agreement to sale dated 13. 01. 1982. According to the defendant, he purchased the said part of the plot from Guman Singh vide agreement dated 09. 03. 1991 and also obtained its possession. He further averred that the plot was then mutated in his name by the gram Panchayat. He, therefore, sought a decree of declaration so as to declare him to be the owner of the part of the plot to the extent of 18 x 60 sq. feet as per the description given by him in the written statement and also prayed for decree of delivery of possession of it from the plaintiff.