NAND KISHORE SINGH Vs. DASHRATH GOPE

JUDGEMENT

(1.) THE petitioner filed Title Suit No. 141 of 1998, against the opposite parties for declaration of title, confirmation of possession over the suit land, detailed in Schedule 'A ' to the plaint and for permanent injunction restraining them from going over it as also for mandatory injunction to demolish the construction of rooms and boundary wall made by them. On 4.9.1998, a petition for interim injunction was filed by him for restraining them from disturbing his possession over the suit land -Schedule A.

(2.) ACCORDING to the petitioner, the then landlord by patta dated 26.3.1944, made raiyati settlement of the suit land in favour of one Jageshwar Singh. By registered sale deed dated 11.5.1982, the heirs of late Jageshwar Singh and his brother sold 5 kathas out of total 20 kathas land of plot No. 117 to the petitioner 'sson Anand Kishore Singh, which is described in Schedule 'B ' to the plaint. Subsequently, they sold the remaining 15 kathas to the petitioner by registered sale deed dated 19.6.1982, Anand Kishore Singh died thereafter and hence the petitioner inherited the said 5 kathas, being his class -1 heir. On the petitioner 'sabsence, the opposite parties 1 to 6 encroached upon the Schedule 'B ' land and constructed rooms and boundary wall some time in October, 1998.

(3.) THE trial Court observed that the plaintiff, on the one hand, accepted to have been dispossessed from the Schedule 'B ' land and on the other sought for interim injunction for disturbing his possession over the entire Schedule 'A ' land, which consisted the Schedule 'B ' land also.