SANTA Vs. PARTAPA

JUDGEMENT

(1.) SANTA (now deceased, thought his L.Rs.), who was the unsuccessful plaintiff, has filed the instant Regular Second Appeal against the judgment and decree passed by both the Courts below vide which the suit filed by him for permanent as well as mandatory injunction regarding the suit property, was dismissed. However, a decree was passed in his favour for joint possession of the suit land.

(2.) IN his suit, the plaintiff pleaded that he was in exclusive possessive of the suit land measuring 1 kanal 16 marlas comprising in Khasra 5//21/1 situated in village Mubarkpur. He pleaded that he was in exclusive possession of the suit land 18 years prior to the filing of the suit and he was using this land for storing his manure, tethering cattle and also for cultivation. It was also pleaded that the suit land was owned by the Gram Panchayat. It was further pleaded that the defendants tried to make encroachment upon this land and the matter was reported to the police but despite that on 28.1.1980 the defendants forcibly built a kotha on the land in dispute without any right or title thereto. Hence the suit was instituted by the plaintiff on 5.2.1980.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-