VIDYA PRAKASH SINGH Vs. SHEORATIA DEVI

JUDGEMENT

(1.) The sole appellant had brought Title Suit No.117 of 1974 before the court of learned Munsif, Siwan for declaration of title and recovery of possession. The case and claim of the appellant is that the appellant had acquired Plot No. 1026 through registered sale deed vide Ext-1 and Plot No.1027 alongwith other plots through registered deed of gift vide Ext-3. The plaintiff constructed a house on the amalgamated portion of both the aforesaid plots leaving some vacant lands around the constructed house. The case of the plaintiff is that the respondent 1st Set are owner of Plot Nos.1028 and 1029 in the southern boundary and defendant

(2.) nd Set are owner of Plot No.1023 in the northern boundary of the plaintiff's land. Both have encroached upon a portion of the land of the plaintiff in their respective side fully detailed in the plaint. 2. The respondents in their written statement denied the allegation of encroachment. However, they did not dispute the title of the plaintiff on Plot Nos.1026 and 1027 and their respective titles on the adjoining land as referred above.

(3.) Thus, the dispute whether there was any encroachment by the respondents on the land of the plaintiff- appellant could have been resolved only by scientific measurement of the area of the land of the plaintiff and of the respondents. Further, the actual area of encroachment, if any, could have been established by the scientific measurement only.