BASANT RAM Vs. SANT RAM

JUDGEMENT

(1.) The defendant is the appellant, who having lost before both the learned courts below, has filed the instant appeal. The parties shall be referred to as the plaintiff and the defendant.

(2.) The plaintiff filed a suit for permanent prohibitory injunction claiming therein that the land measuring 0-6 bighas comprised in Khatauni No. 29/35 min, Khasra No.198/141, situated in Village Guahan, Tehsil Sadar, District Bilaspur was owned and possessed by him. The defendant, though had no right, title or interest over the suit land, but had an intention to grab it by raising forcible construction thereupon, for which purpose, he had started even collecting construction material near the suit land. The request of the plaintiff having yielded no favourable response from the defendant, consequently, led to the filing of the suit.

(3.) The defendant contested the suit by filing written statement taking therein preliminary objections regarding maintainability, cause of action, lack of jurisdiction, improper valuation etc. On merits, it was denied that the defendant was trying to grab the suit land by collecting construction material over the same and as such, he prayed for dismissal of the suit.