DOMA CHIK Vs. BABU CHAND SAH

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment passed by the 6th Additional District Judge, Sasaram, in Title Appeal No. 33/86. The defendant of the Title Suit No. 6 of 1983 has preferred this appeal before this Court.

(2.) THE plaintiff Radha Sah whose heirs are respondents before this Court had filed the aforesaid suit seeking removal of encroachment of their land over Plot No. 194 as also from 196 which was a lane. The alleged encroachements were described as A.B.C.D. and B.L.H.G. respectively by the sketch map attached to the plaint.

(3.) THE case of the plaintiff was that his house stood on Plot No. 194. and on the southern portion of the plot he had left a Kolle -cum -Sehan for his personal use. To the immediate south of this Kolle there was a defendants Plot No. 196 and to the immediate each of the housse of the parties there is a municipal lane over Plot No 195 and the water tap of the plaintiffs house passes through western edge of the municipal lane. The defendant during the course of remodeling his house started raising mud -built construction on 25 -12 -1982 and usurped the plaintiffs southern Kolle -cum -Sehan and he also encroached on Plot No. 196 (Municipal lane).