MANAGOBINDA Vs. BRAJABANDHU MISRA

JUDGEMENT

(1.) The plaintiffs are the appellants against a confirming judgment. The suit was brought for declaration of title, confirmation of possession and for permanent injunction restraining the respondent-defendant from interfering with the possession of the appellants-plaintiffs.

(2.) Briefly stated the appellants' case is that the disputed land is part of plot Nos. 5656 and 5657 and measures 50 cubits of length from North to South and 1 cubits width from East to West and on it stands the western wall of the appellants' row of houses (consisting of courtyard, back row of houses and front row of houses) and a fence in the back yard towards the north of the house. It is the appellants' case that the suit land and the wall constitute the western boundary of the said two plots which are ancestral homestead of the appellants and they have been all along possessing and maintaining the same as also the fence. The thatches of the front row and the back row of the houses of the plaintiffs rest on the said wall. The appellants wanted to demolish the western wall which was necessary for the purpose of reconstruction of the back row of houses which they had already demolished, but however in the process were obstructed by the respondent who claims the wall and the fence to be his own.

(3.) The defendant contested the suit and claimed the suit land, the disputed wall and the fence as belonging to him and as appertaining to plots Nos. 5658 and 6768. His case is that the disputed wall constitutes the eastern wall of his house and which he is in possession all along and has been maintaining it. The thatch of his house rests over wall. He has also created the fence and maintaining it.