LAKSHMI NARAIN BARNWAL Vs. JAGDISH SINGH

JUDGEMENT

(1.) : - This first appeal arises out of a judgment and decree dated 16-12-1983 passed by Sri B. Kandir, Ist Addl. Sub-Judge, Hazaribagh in T.S. No. 91 of 1980, whereby and whereunder the said learned Court had dismissed the plaintiff/ appellant's suit.

(2.) The plaintiff-appellant had filed the aforementioned suit for declaration of his title and recovery of possession as also for a decree for permanent injunction restraining the defendant from going upon any portion of the house in suit, situated in plot Nos. 804 and 822 appertaining to khata No. 83 measuring 0.09 dec. and 0.07 dec. respectively thus measuring a total area of 16 dec., the details whereof have been described in Schedule 1 of the plaint.

(3.) According to the plaintiff the property in question was recorded in the name of one Laddu Lal in the survey settlement record of rights. The relevant entry of khatian No. 23 was marked as Exhibit 7.