VIVEKA NAND PUBLIC SCHOOL Vs. KISHORI LAL

JUDGEMENT

(1.) HEARD and gone through the records.

(2.) RESPONDENT / plaintiff Kishori Lal filed a suit for permanent prohibitory injunction restraining the appellant / defendant from interfering in certain property, described in the plaint, which was alleged to belong to a temple of which the respondent claimed to be Mohatmim. Besides seeking relief of injunction, prayer was made for passing decree for possession in respect of a double storeyed structure, standing on Khasra No. 260, which the appellant / defendant had allegedly raised illegally and without the consent of the plaintiff.

(3.) A Local Commissioner was appointed during the course of the trial. The Local Commissioner reported that encroachment of 20 square meters area had been made on Khasra No. 260, belonging to the temple, of which the respondent claims to be the Mohatmim, and that this encroachment had been made by raising a double storeyed structure. It was stated that a part of the structure stood on Khasra No. 260 to the extent of 20 square meters area and a part on Khasra No. 368. On the basis of this report of the Local Commissioner, the trial Court returned the finding that the appellant / defendant had made encroachment on Khasra No. 260 to the extent of 20 square meters area. Defendant's plea that the suit had not been properly instituted, because it had been filed by the respondent / plaintiff in his own name and not in the name of the temple, was rejected. Consequently a decree for possession of the double storeyed structure, standing on a portion of Khasra No. 260 to the extent of 20 square meters area, was passed. Appeal filed by the appellant in the Court of the learned District Judge stands dismissed.