NARAYAN DAS Vs. SHAFI MOHD.

JUDGEMENT

(1.) This second appeal has been filed by the appellant-defendants against the judgment and decree dated 22.11.2005 passed by learned District Judge, Sirohi in Civil Appeal No.29/99 whereby the first appeal preferred by the appellant-defendants against the judgment and decree dated 30.7.1999 in Civil Original Suit No.65/93 was dismissed and the decree passed by the learned Civil Judge (Junior Division), Sirohi has been upheld.

(2.) After serving notice of the suit upon the appellant-defendants, they filed written statement before the learned trial court wherein they denied all the contentions raised in the plaint. It was stated that the cabin was installed by the appellant-defendants under a licence issued by the respondent-defendant-Board and the defendants have not encroached upon any land which is claimed to be chowk or a public way by the respondent-plaintiffs.

(3.) A written statement was also filed on behalf of the respondent-defendant-Board wherein it was stated that the map produced by the respondent-plaintiffs showing the position of the house is correct, but the measurement shown in the map is not correct. It was stated that the respondent-plaintiffs started living in their house after the allotment of disputed land and installation of cabin by the defendants. It was stated that the open land is used as a way to the main road but the same is not part of the public road and the land which is beneath the cabin has never been used as way by the plaintiffs. It was specifically denied that the disputed chowk is a public way. It was also averred in the written statement that under the license the defendant has installed the cabin 35 years back and has not created any nuisance. It was categorically stated that the defendant Board is not intending to sell the land in question to defendants No.1 to 3.