ABDUL JAVED Vs. SHRAVAN KUMAR

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 04.08.2011 passed by Additional District Judge, Deedwana ('the first appellate court') affirming the judgment and decree dated 28.08.2008 passed by Civil Judge (Sr. Division), Deedwana ('the trial court'), whereby the suit filed by the appellant-plaintiff, was dismissed.

(2.) The predecessor of plaintiff-Kailash Chandra filed a suit, inter alia, with the submissions that a piece of land was purchased by plaintiff's father in Village - Baliya, which his father Jugal Kishore gifted to plaintiff-Kailash Chandra, which was indicated as CDEF in the plan annexed to the plaint.

(3.) It was alleged that on the western side of the land, the respondent has put an Almirah on the land of the way, started hotel business, regarding which, complaints were made to the Gram Panchayat, however, no action was taken. Subsequently, the plaintiff came to know that the respondent has got issued a patta of the land and obtained permission for construction, for which he applied to the Gram Panchayat for supplying of the copies, however, the same were not issued. It was alleged that on the western side of the plaintiff's land, government road at a distance of about 43.5 feet was situated and on account of construction of hotel by the respondent on 30 X 15 feet land, he had grabbed land of common way. It was prayed that the patta may be cancelled and by way of permanent injunction, respondent be restrained from raising any construction and whatever obstructions he has raised, may be ordered to be removed.