RADHA MOHAN LAL Vs. NARAIN

JUDGEMENT

(1.) The civil suit for permanent injunction and for demolition of construction allege to be made on the joint portion of Chawk (???), Pol (???), and open land, bearing civil suit No.135/1969 titled as Shri Narain Vs. Radha Mohan Lal was dismissed by the Civil Judge (Jr. Division) East Jaipur City (hereinafter referred to "the Trial Court") vide judgment and decree dtd. 26/8/1976 but on filing the first appeal by the plaintiff- Shri Narain, the First Appellate Court set aside the judgment and decree dtd. 26/8/1976 passed by the Trial Court and decreed the civil suit in favour of plaintiff and against the defendant vide judgment and decree dtd. 16/4/1983 (19/4/1983), hence feeling aggrieved by the decree for demolition of construction, the original defendant-Radha Mohan Lal has preferred the present civil second appeal under Sec. 100 CPC. The operative portion of the impugned judgment and decree dtd. 16/4/1983 (19/4/1983) passed by the First Appellate Court in civil first appeal No.4/1977 is being extracted hereunder:-

(2.) Necessary and relevant facts, as culled out from the record, are that:

(3.) Having perused both site maps of the Haveli in question (Ex.1 and Ex.A1), it appears that although the area of open land lying behind the Haveli has been admitted by both parties as joint and common property, but defendant has disputed the entire portion of chawk and pol as shown by cross red lines in red colour by the plaintiff, to be a portion of common and joint use but has shown a shorter portion as indicated in the map produced by the defendant (Ex.A1) by cross lines in blue colour, to be the portion of common and joint use of chawk and pol in the Haveli.