POONAMCHAND Vs. RAJENDRA

JUDGEMENT

(1.) Shri B.S. Gandhi, learned counsel for the appellant. None for the respondent, despite service of notice and SPC.

(2.) The appellant/plaintiff has filed the present appeal being aggrieved by the judgement dated 19.12.2000 passed by the Second Additional District Judge, Dhar, whereby the appeal filed by the respondent/defendant has been allowed and judgement and decree dated 30.11.1998 passed by the Civil Judge, Class-I, Dharampuri in Civil Suit No.63- A/1998 has been set aside.

(3.) Facts of the case, in short, are as under: The plaintiff field the suit for permanent injunction in respect of the land bearing Survey No.22 (area 1.366 RA) registered in the name of his father Mukund S/o Lalsuthara. According to the appellant being a son of Mukund he is in possession and cultivating the land. His father expired 4-5 years back. Late Mukund submitted an application before the Tehsildar Dharampuri for demarcation which was registered as Case No.2A-12/86-87. After demarcation it is found that the defendant No.1 has encroached the 0.06 RA of Survey No.22 belonging to his father by way of fencing. He was requested to remove the fencing but instead of removing the fencing, he started constructing boundary wall. The appellant gave a legal notice dated 23.11.1991 and filed the suit for permanent injunction. Later on he has also claimed the relief of demolition of wall.