DURGA DEVI Vs. BADRI NARAIN

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THE plaintiffs filed a suit for possession of a small piece of land which is in the form of Chabutri. THE appellant- plaintiff's case is that the said Chabutri is covered by Patta dated 16. 8. 1915 whereas the defendant's case is that his predecessor-in-title obtained a patta of said Chabutri in 1952. It is not in dispute that the defendant after obtaining permission from the Local Body raised construction of one Latrine on the said small piece of land. Suit for possession was filed after eight years of raising construction of said Chabutri by the defendant after obtaining construction permission from local body. In the suit plaintiff relied upon patta of 1915. THE trial court decreed the suit of the plaintiff but the appellate court allowed the appeal of the defendant-respondent and dismissed the suit of the plaintiff vide judgment and decree dated 7. 3. 2005. Hence, this second appeal.