PARMESHWAR DAYAL Vs. THE BARH LOCAL BOARD

JUDGEMENT

(1.) THIS is an appeal under cl. 10, Letters Patent, by the deft, in a suit brought by the Local Board of Barh through its Chairman for declaration of title & recovery of damages in respect of six palm trees said to have been cut & removed by the deft, from pltf's plot No. 313 in village Talipur, Police Station Barh.

(2.) UNDISPUTEDLY plot No. 313 is a road. According to the pltf. the trees in question stood on this plot on the road side. The deft, on the other hand, claimed that the trees stood on his plot. No. B12, which adjoins the road.

(3.) THE first point raised on behalf of the appellant is that the road on which the trees stood vests in the District Board & not in the Local Board & therefore, the Local Board has no right to sue.