GILLIRAM Vs. KEDARNATH

JUDGEMENT

(1.) THIS is an appeal by the defendant Gilliram against the appellate judgment and decree of the learned Civil Judge, Gangapur. It arises out of a suit brought by the plaintiff-respondent against the defendant-appellant for a declaration that a land measuring 2 Yards East West and 1-3/4 Yards North South, more fully described in para 2 of the plaint belonged to the plaintiff. An injunction was also prayed for against the defendant that he be restrained from making pacca constructions over the land in dispute. The defendant denied that the land in suit belonged to the plaintiff and set up his own title therein. The learned Munsif of Gangapur who tried the case framed several issues, but the main issue in the case was issue No. 1 which runs as follows; - "whether the land mentioned in para 2 of the plaint on which kachha latrine stands is owned and possessed by the plaintiff. "

(2.) BOTH the parties produced oral and documentary evidence and the learned Munsif came to a finding that the land in dispute was owned and possessed by the plaintiff. He also held that the defendant had put up obstructions thereon and he consequently, granted both the reliefs to the plaintiff namely that of the declaration and of injunction.