PARAS RAM Vs. GANPAT RAM

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff- appellants challenging the concurrent findings of fact returned by the Trial Court and the First Appellate Court vide judgments and decrees dtd. 30/11/1987 and 22/9/1990, respectively.

(2.) Briefly stated, the facts of the case are that the predecessor-in- interest of the plaintiff-appellants i.e. Devi Sahai filed the present suit. During the pendency of the suit, on the death of Devi Sahai, his legal representatives were impleaded as plaintiffs. The dispute relates to a site identified by letters 'ABCD' in the plan (Ex.P1) attached with the plaint. The case set up by the plaintiff-appellants was that the site was part of plot No.212 which was owned by the plaintiff-appellants and that the defendant- respondent, whose house adjoined the site in dispute towards North, had illegally opened a door at site 'D' in the southern wall of his house and through the door the defendant-respondent had gained access to the site in dispute and constructed a chabutra and hence the suit for prohibitory injunction directing the defendant-respondent to close the door and also to remove the chabutra and an injunction for restraining the defendant- respondent from interfering in the possession of the plaintiff-appellants on the site in dispute. Written statement was filed by the defendant-respondent. It was averred in the written statement that in front of house of the plaintiff- appellants there was an open chowk which was part of shamlat deh and that the site in dispute was a subject matter of Civil Suit No.75 dtd. 10/4/1952 titled as Ganpat Vs. Bishamber decided on 28/1/1953 wherein it was held that the site in dispute was a part of the chowk, a common land vesting in the Panchayat.

(3.) On the basis of the pleadings, the following issues were framed by the Trial Court :