VIJAY KUMAR KHEMCHAND Vs. SATYANARAYAN AND ANOTHER

JUDGEMENT

(1.) This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 22.12.2010 passed by Additional District Judge, Chachoda District Guna in Civil Suit No. 4-A/2009, thereby affirming the judgment and decree dated 20.12.2008 passed by Civil Judge, Class-I, Chachoda District Guna in Civil Suit No. 1-A/2008.

(2.) The necessary facts for disposal of the present appeal in short are that plaintiff/appellant had filed a suit for declaration of title and permanent injunction. It is the case of the appellant that he is in possession of the one shop situated in Binaganj, Nagar Panchayat, Chachoda District Guna. On the eastern side of the said shop, Agra Bombay road is situated, whereas on the western side of the shop, house of one Rakesh Sen is situated and on the northern side of the shop, house and shop of Ghanshyam and Baijnath is situated, whereas on the southern side of the shop, house / shop of the defendant Satyanarayan is situated. It was claimed that there is no dispute with regard to the house / shop, but the only dispute is with regard to the wall situated on the southern side of the shop of the appellant / plaintiff. It was claimed that the defendant has raised construction on the extended area by raising construction over the wall and, therefore, he has exceeded the area owned by him. The defendant has also raised three pillars. Although the plaintiff has no objection with regard to the construction, which is being raised by the defendant, but he has an objection that the defendants are also raising construction over 1 1/2 feet over the wall and the same should be required to be removed, as the wall belongs to the plaintiff / appellant.

(3.) The defendants filed their written statement and claimed that the wall belongs to them and in order to give more strength to the said wall, a slab has been constructed. However, it was claimed that the original wall was constructed by the predecessors of the defendants.