BALAK RAM THAKUR Vs. DEVINDER SINGH CHANDEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed on 08.06.2001 by learned District Judge, Shimla in Civil Appeal No. 157 -S/13 of 1998, dismissing thereby the appeal and affirming the judgment and decree passed by learned Subordinate Judge 1st Class, Court No. 1, Shimla in Civil Suit No. 64/1 of 96/90.

(2.) THE appeal has been admitted on the following substantial questions of law:

(3.) THE defendant on entering appearance, however, has contested the suit. He raised preliminary objections such as suit is time barred, not properly valued for the purposes of Court fee and jurisdiction. The plaintiff is estopped to file the same on account of his own act, conduct and deeds and also there exists no enforceable cause of action in his favour and against the defendant. On merits, it is admitted that the plaintiff is owner of land bearing Khasra No. 228/272 measuring two biswas, adjoining to his plot. It is, however, denied that he has constructed his house over the plot belonging to the plaintiff bearing Khasra No. 272/228 or any portion thereof and rather constructed his house over his own plot bearing Khasra No. 274/228, after the plan for construction thereof was sanctioned by the Municipal Corporation. He completed construction of one storey of his house in the year 1981 and that of second storey in the year 1982. The slabs of third and fourth storey were laid in the year 1984 -85. The plaintiff never raised any objection to the construction so raised by him. It has further been submitted that there being no cause of action having arisen to the plaintiff to institute the suit, the same, therefore, has been sought to be dismissed.