CHET RAM Vs. ASSOCIATED CEMENT COMPANY

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of the learned District Judge, Bilaspur dated 1st June, 1998, whereby first appeal of the appellant Chet Ram, defendant before the trial Court was dismissed.

(2.) The facts for the purpose of the disposal of this appeal may be noticed. Respondent-Associated Cement Company Limited, hereinafter referred to as 'the plaintiff', admittedly is owner of the suit land comprised in Khasra No. 73 and 593/72, measuring 2-9 Bighas, situate in village Nalag of Tehsil Sadar in the District of Bilaspur. This land alongwith other land was acquired for the plaintiff-Company as per award dated 2-4-1981. The possession was delivered to. the plaintiff-Company in accordance with law. Mutation whereof was attested on 5th October, 1983. It appears, defendant Chet Ram purchased land comprised in Khasra No. 592/71 from one Ram Dittu by a registered sale deed dated 24th June, 1987. According to the plaintiff-Company, the defendant started interfering in the suit land and dug out foundantions to raise construction. The officials of the plaintiff-Company asked defendant not to interfere with the land of the plaintiff, but defendant maintained that he was raising the construction in his own land. Plaintiff-Company lodged a complaint with the Sub Divisional Collector, Bilaspur, who directed the Tehsildar, Sadar, to visit the spot. Tehsildar, Sadar further directed the Patwari to visit the spot and report. Patwari Halqua Chet Ram, visited the spot on 20th June, 1994. The demarcation was carried out of the disputed area. A Tatima was prepared and it was found that the defendant had encroached one biswa of land of the plaintiff comprised in Khasra No. 73.

(3.) The plaintiff-Company, in the facts and circumstances, sought restrain on the defendant from interfering with the possession of the plaintiff over the suit land and also prayed for the delivery of the possession of the land in possession of the defendant after demolition of the construction raised by him.