ANAND Vs. U H B V N L

JUDGEMENT

(1.) SUIT filed by the plaintiff was dismissed by the trial Court vide judgement and decree dated 28.11.2013. Appeal preferred against the said decree failed and was dismissed on 19.12.2014. This is how, plaintiff is before this Court, in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) IN short, plaintiff prayed for a decree for injunction restraining the defendants from interfering in his peaceful possession over the land marked by letter ABCD, shown in red colour in the site plan, appended with the plaint, by raising any construction thereon, or by demolishing the rooms X and Y. It was averred that the fore - fathers of the plaintiff had constructed two rooms in the suit property as depicted in the site plan and since then, he had been in possession thereof. It was maintained that the agricultural land of the plaintiff was situated adjacent to the northern and eastern side of the suit property marked by letters ABCD. In fact, some portion of the room X, was constructed over the suit land marked by letters ABCD and the remaining portion was a part of the agricultural land of the plaintiff. Similarly, some portion of room Y was constructed over the suit land marked by letters ABCD and the remaining portion was situated in the agricultural land owned by the plaintiff, that was adjacent to the northern side of the said room. It was averred that on 17.02.2010, officials of the defendant tried to interfere in the peaceful possession of the plaintiff and threatened to construct a wall from points C to D in the site in question. On being confronted, the officials of the defendant revealed that the gram panchayat of village Sewah had given the suit land to the defendant for construction of a power house. Though, gram panchayat of village Sewah had no authority to transfer the suit property. As, despite having been requested, defendant refused to acknowledge the claim of the plaintiff, thus, the suit.

(3.) IN defence, it was pleaded, inter alia, that the gram panchayat of village Sewah was, in fact, the owner in possession of land measuring 8K comprised in killa No.76/4 and the same was transferred by the gram panchayat to the answering defendant for construction of 33 KV Sub Station, and its vacant possession was handed over to the defendant. It was maintained that the defendant had even constructed a power house in the suit land and the same was inaugurated on 17.11.2013 by the then Chief Minister and the same was in operation since then. It was denied that the plaintiff was in possession of the site in question, and, thus, his claim was wholly false. The site plan produced by the plaintiff was alleged not to be in conformity with the position existing at the spot.