PRITAM AND OTHERS Vs. MEERA BAI

JUDGEMENT

(1.) Plaintiff-respondent had filed a suit for possession of a plot measuring 200 square yards described in the head note of the plaint and for permanent injunction restraining the defendants from raising any construction on the suit land.

(2.) The case of the plaintiff, in brief, was that Jagan Nath, father of the plaintiff, had purchased the property in dispute from Pancham, defendant No.1, who had died during the pendency of the suit, vide registered sale deed dated 18.7.1934. A room had been constructed over the plot in dispute and Jagan Nath resided in the same after its purchase. Jagan Nath had died about three years prior to the institution of the suit leaving behind the plaintiff and defendant No.6 Shanti Devi as his legal heirs. After the death of Jagan Nath, plaintiff and defendant No.6 were in possession of the suit property and the same was under their lock and key.

(3.) Defendants No. 1 to 5 demolished the room existing on the plot forcibly and stole the article lying therein and intended to raise new construction over the plot. Hence, the suit was filed by the plaintiff.