DWARIKA PRASHAD Vs. JAMUNA PRASAD

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure, 1908, at the instance of the defendant, is directed against the judgment and decree dated 30.10.2018 passed by Additional District Judge, Picchore, District Shivpuri (M.P.) in Civil Appeal No.7A/2014, affirming the judgment and decree dated 25.01.2014 passed by I Civil Judge Class II, Picchore, in Civil Suit No.16A/2010.

(2.) Plaintiff instituted a suit for declaration, permanent injunction and recovery of possession of land admeasuring 0.660 hectare of Survey No.716 and 0.060 hectare of Survey No.717 situated at Kalipaharhi, Tahsil Picchore, District Shivpuri (M.P.) contending, inter alia that he is the title holder of the suit property inherited from ancestors and in possession after its demarcation by the revenue authorities on 16.03.2005. That on the North of the suit property there is a land bearing Survey No.715 belonging to defendants No.1 and 2. That on 11.07.2010, the defendants forcefully occupied 02 Biswa of Survey No.717, 600 ft strip on the north side of Survey No.716 and 100 ft on the east side of Survey No.717 and 15 feet of Survey No.711 and started putting fence thereover. The matter was reported to police. On these contentions, plaintiff filed the suit.

(3.) Defendants No.1 and 2, on their turn, denied plaint allegations. It was contended that they are in possession over the suit property since 31.03.1994. It was alleged that the plaintiff extended the boundary and had occupied land belonging to defendants.