RAHMATULLAH Vs. MEHARDIN KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The plaintiff/appellant filed a suit for permanent injunction against the respondents/defendants. The plaintiff alleged that he is owner of the property in dispute for which the Gram Panchayat issued patta in his favour on 15.4.1988 on payment of Rs.85/-. According to the plaintiff, he constructed a room over the plot in dispute and he was in occupation of the plot till 5.5.1996. On 5.5.1996, the defendants and some other persons came on the plot of the plaintiff and started demolishing the boundary of the plot. The plaintiff lodged FIR and thereafter filed suit for permanent injunction.

(3.) The defendants submitted written statement and denied the possession of the plaintiff over the plot in dispute. The defendants also submitted that on the date of issuance of the patta, the plaintiff was minor and his father was sarpanch who without following any procedure of law and with intention to grab the plot, fabricated the patta. It is also submitted that the said patta was subsequently cancelled by the Gram Panchayat. It is also submitted that Rule 266 was not followed.