KALURAM Vs. OMPRAKASH

JUDGEMENT

(1.) The defendants have filed the present appeal being aggrieved by the judgement dated 15.11.2018, passed by the 2nd Additional District Judge, Manasa, District Neemuch whereby the judgement and decree dated 31.10.2012, dismissing the Civil Suit No.63-A/2011 has been set aside and the suit has been decreed.

(2.) Facts of the case, in short, are as under: The plaintiff is a owner of land bearing Survey No.346 & 347, total area 2.190 of Village Akli, Tehsil Manasa. The defendants are owner of neighboring land bearing Survey No.245. According to the plaintiff the defendants have encroached 0.18 are of Survey No.347 (for short, hereinafter referred as "suit land") and constructed a Well in it. This fact came to the knowledge of the plaintiff on 30.01.2008 and thereafter he filed the suit for mandatory and directory injunction. The defendants filed the written statement by submitting that they are in possession over the suit land since last so many years. They started the construction of Well in the month of November, 2007 and completed in the month of January, 2008. This fact was very much known to the plaintiff. They have spent more than Rs.3.00 lac in pakka construction of the Well. They have perfected the title by way of adverse possession. Learned trial Court framed 5 issues for adjudication. The plaintiff examined himself as PW1, Revenue Inspector as PW2, K.K. Verma as PW3 and got examined 9 documents from Exhibit P/1 to P/9. The defendants got examined himself and Mangilal and Mathuralal and got exhibited 3 documents as D/1 to D/3. The trial Court appointed Shri Kamlesh Kumar Sharma as Commissioner to submit the spot inspection report. As per commissioner report, the Well was found constructed over the part of plaintiff's land bearing Survey No.347.

(3.) Being aggrieved by the aforesaid judgement and decree, the plaintiff preferred the first appeal. Vide judgement dated 15.11.2018, the 2 nd Additional District Judge has set aside the judgement and decree and directed to remove the 60 feet pipeline laid over the souther side of the Survey No.347 and directed him to hand over the vacant possession of the suit land. Now the defendants have preferred the present appeal before this Court.