LALI DEVI Vs. TILAK SAO

JUDGEMENT

(1.) THE plaintiffs -respondents -appellants have filed this Second Appeal against the judgment and decree dated 15.02.1991 passed by the learned 2nd Additional District Judge, Patna in Title Appeal No.51 of 1987 whereby the learned Lower Appellate Court allowed the appeal and set aside the judgment and decree of the trial court dated 27.04.1987 passed by the learned Munsif, Danapur in Title Suit No.37 of 1981.

(2.) THE original plaintiff filed the aforesaid suit for declaration that the defendants or the public at large have not got any right to interfere with the possession of his 2 decimals of land of Municipal Holding No.101 which is towards east of his residential house. The plaintiff further prayed for permanent injunction restraining the defendants from interfering with the possession of the plaintiff and further for directing defendant nos.1 and 2 to remove the encroachment made by them over municipal land known as Mainagarh Gali which is adjacent east of Holding No.101 and west of Holding No.102 and the house of defendant nos.1 and 2 is on Holding No.102.

(3.) THE defendant nos.1, 2 and 8 to 12 contested the suit. According to them, the plaintiff wants to forcibly occupy the suit land which is Gairmajarua land and is being used as Rasta by the public at large since long. The house of defendant nos.1 and 2 is on Holding No.102. The plaintiff has encroached the land as a result of which, the lane has become very narrow and the people are facing difficulty in passing through the lane.