SANJAY YADAV Vs. RADHA MOHAN SINGH

JUDGEMENT

(1.) This appeal has been preferred by the defendant/appellants against the judgment dated 25.06.2009 and decree dated 07.07.2009 passed and signed by the District Judge, Dhanbad in Title Appeal No. 106/2008 by which the judgment dated 31.07.2008 decree dated 11.08.2008 passed and signed by Munsif-I, Dhanbad in Title Suit No. 58/1998 has been affirmed and the appeal stood dismissed on contest with cost.

(2.) The case of the plaintiff in brief is that original plaintiff Smt. Malti Singh purchased suit property by virtue of registered sale deed No.6855/1988 from Smt. Joginder Kaur on valuable consideration and acquired possession over the suit land. The plaintiff demarcated the suit land by giving pillar around it. It is disclosed that defendants purchased the land near land of the plaintiff and they were intending to encroach upon the land of the plaintiff. Therefore, she made application before the S.D.O., Dhanbad and again got the suit land demarcated by Anchal Amin on 12.05.1998. When husband of the original plaintiff started constructing boundary wall over the suit land the defendants raised objection and stopped the work. The matter was reported to the local police but no action was taken as defendants are sons of ex-minister. The cause of action arose on and from 10.05.1998 and 12.05.1998 when the defendants with intention to encroach upon the land started digging foundation towards the land of the plaintiff and when the defendants tried to stop the work of the construction of boundary wall undertaken by the husband of the original plaintiff. The plaintiffs had prayed for grant of permanent injunction, declaration of right, title, interest and confirmation of possession over the suit property.

(3.) The defendants filed their written statement stating therein that description of suit land is vague and it is not identifiable.