LAWS(PVC)-1922-3-48

MUSAMMAT DULARI KOER Vs. SALIG RAM

Decided On March 28, 1922
MUSAMMAT DULARI KOER Appellant
V/S
SALIG RAM Respondents

JUDGEMENT

(1.) The appellant in both these oases is Musammat Dulari Kunwar, who I is a Zemindar in the village Ganaura. She brought two suits against certain tenant of this village alleging that about a year or a year and a half before the suits were brought, these persons had encroached on her land in the village by putting up building, In short, her case was that these defendants occupied houses in the village and that they bad enlarged them by encroaching upon laid which belonged to her Musammat Dulari Kunwar claimed that, in the circumstances, she was entitled to a decree directing the defendants to demolish these new structures.

(2.) Both the Courts below have dismissed the plaintiff's suits. They have not believed the evidence which she put forward for the purpose of showing that the buildings demolition of which was sought, had been created shortly before the suits were filed.

(3.) The Courts also appear to have decided both cases on the consideration that Musammat Dulari had stood by and acquiesced in the construction of these buildings.