RUP LAL Vs. MAST RAM & ANOTHER

JUDGEMENT

(1.) The instant appeal is directed against the concurrently recorded verdicts by both the learned Courts below, upon, the plaintiff's suit for possession of suit land, as delineated in the plaint, whereby, both the latter Courts' proceeded to dismiss the plaintiff's suit.

(2.) Briefly stated the facts of the case are that the plaintiff is owner of the suit land and the defendants have no rights, title or interest in the suit land and there is a house of the plaintiff over khasra No.576/313, which has been constructed by him about five years back. The plaintiff had left about four feet land for the purpose of passing he water of his house as well as rainy water but the defendants raised construction in the suit land in his absence and they have constructed a danga over the same without the permission and consent of the plaintiff due to which the water has accumulated near the wall and is causing damage to the house of the plaintiff. The plaintiff asked the defendants to remove the danga so constructed by him in the suit land but of no use.

(3.) The defendants contested the suit and filed written statement, wherein, they have taken preliminary objections qua cause of action and estoppel. It has been stated that defendant No.1 purchased land comprising khasra No. 517/313/1, measuring 0-00-44 hectare from Sh. Balak Ram, which is adjoining to the suit land and the defendants have constructed danga in their own land during 1998 in the presence of the plaintiff and his family members. Patwari also called by the Pradhan and the said danga was constructed after demarcation in the year 1998 by the Patwari and Kanungo. Even Sub Divisional Magistrate has also visited the spot and got demarcated the land in which danga was found in the land of the defendants but the plaintiff has filed the present suit to harass the defendants.