BHAGWAN DEBYA @ BHAGWAN DAI Vs. ZILA PARISHAD DHANBAD

JUDGEMENT

(1.) THIS appeal at the instance of the plaintiff -appellant stands directed against the impugned judgment and decree of reversal dated 20.7.1989, and 2.8.1989, respectively passed in Title Appeal No. 61 of 1979 by Shri Anil Kumar Sinha, 3rd Additional District Judge, Dhanbad whereby and whereunder the judgment dated 31.3.1978, passed in Title Suit No. 164 of 1976, by 1st Munsif, Dhanbad was set aside and the suit of the plaintiff was dismissed.

(2.) THE plaintiff -appellant has filed the said title suit for a declaration that the suit land described in Schedule B of the plaint is the part of Plot No. 369/511 which exclusively belongs to the plaintiff - appellant and the defendant -respondent has no right to demolish any portion of the building situate thereon and also for a permanent injunction restraining the defendant -respondent from interfering with the possession of the plaintiff -appellant over the structure situate thereon. The land in dispute in this case is 1 feet x 90 feet within plot No. 369/511.

(3.) THE case of the defendant -respondent inter alia, is that plot Nos. 267 and 369/511 belong to the defendant -respondent and the plaintiff -appellant has no right, title and interest whatsoever in plot No. 369/511 as well as on plot No. 267 and the plaintiff -appellant has encroached upon plot No. 267 which is a public road and it is a very busy road and she cannot be allowed to encroach upon the public land causing obstruction and interference in the vehicular traffic as also to the petitioners and it is the duty of the defendant -respondent to see that no encroachment is made on the public road and it is well within its power to demolish and/or remove the obstruction over the public land.