MOHAN LAL Vs. GHISI BAI

JUDGEMENT

(1.) THIS is a defendant's second appeal who has been unsuccessful in both the courts below.

(2.) BRIEF facts giving rise to the second appeal may be stated. Smt. Ghisi Bai wife of Ghisa Lal filed a suit against the present appellant Mohan Lal on 5. 3. 1986, on the averments that the plot in question belongs to her husband Ghisalal as an allottee of State Government in 1975. During her husband's absence, she was in possession of and looking after the plot in question. According to the plaint allegation on 2. 03. 1986, the defendant has started digging foundation from east to west and has constructed about 6 feet wall on the eastern side of plot and she is apprehending that by completing the construction, the defendant wants to include the plot in boundary of his house and deprive the plaintiff of its possession. For the present purpose, para 3 of the plaints and the relief claimed by plaintiff's is hereby reproduced below: ***********

(3.) AGGRIEVED with the aforesaid judgment and decree, defendant has preferred this second appeal. This Court issued a show cause notice, why the appeal be not admitted and allowed. This is how, this appeal has come up for final disposal today.