BALI RAM Vs. MELA RAM

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant/plaintiff (hereafter referred to as 'the plaintiff') against the judgment and decree dated 24-6-1999 passed by the learned District Judge, Bilaspur whereby the judgment and decree dated 2-6-1992 passed by the learned Sub Judge, Ghumarwin dismissing the suit of the plaintiff, have been affirmed.

(2.) Brief facts leading to the presentation of this appeal are that the plaintiff instituted a suit for permanent prohibitory injunction against the respondent/defendant (hereafter referred to as 'the defendant) restraining him from interfering in the suit land comprising Khewat/Khatauni Nos. 61 min/67 min, Khasra No. 151/1, measuring 1-3 Bighas, situate in village Matyal, Tehsil Ghumarwin, District Bilaspur. The case of the plaintiff as made out in the plaint is that he along with the pro forma respondent/defendant is owner in possession of the suit land having a residential house, cow-shed and courtyards on the suit land and their possession as such is since time immemorial. The defendant illegally got allotment of two Biswas of Nautor land out of the adjoining Khasra No. 251/246 though he was not eligible for such allotment. Thereafter the defendant started interfering with the possession of the plaintiff and the pro forma defendant over the suit land by putting raw material on the suit land and by felling the trees standing thereon and further threatened to raise construction by digging the courtyard of the cow-shed of the plaintiff. The defendant did not desist from his acts despite requests. Hence, the suit.

(3.) The defendant contested the suit. In the written statement he raised preliminary objections regarding maintainability and valuation of the suit, jurisdiction of the Court, non-joinder and misjoinder of necessary parties, want of locus standi, estoppel and res judicata. On merits, it was claimed that the suit land is not in possession of the plaintiff nor there exist any cow-shed, residential house or courtyard. It has further been claimed that the suit land is situate between the cattle shed of the defendant and the land allotted to the defendant and there exists a path on a part of the suit land and the remaining suit land was used by the defendant as 'Bartan' and he had constructed a cow-shed and a house on land Khasra No. 151/2. Thus, the claim of the plaintiff has been denied.