CHHAGAN LAL Vs. SUKH LAL

JUDGEMENT

(1.) THIS case has been referred to us by a learned single Judge by his order dated the 13th May, 1960.

(2.) THE facts leading up to this reference are briefly these. THE appellant in this Court was the plaintiff in the trial court, namely, the court of the Assistant Collector, Udai-pur. His case was that he was a Bapidar of Khasra No. 433 measuring 2 Bighas and 1 Biswa, situate opposite the Lalbagh gate at Nathdwara, by virtue of a writing dated the 10th October, 1951. Adjacent to the above-mentioned land, the defendants held the field bearing survey No. 432. THE plaintiff's grievance was that in erecting a fencing around survey No. 432, the defendants had made an encroachment on a portion of the plaintiff's land covered by survey No. 433 to the extent of four Biswas. THE plaintiff called upon the defendants to restore possession of this four Biswas of land encroached upon by them but without any avail. Consequently on the 15th September, 1953, the plaintiff instituted the present suit in the court of the Assistant Collector, Udaipur, for possession of the four Biswas of land belonging to survey No. 433 over which the defendants had taken unlawful possession.