GANGA PRASAD Vs. CHAMPA PANT

JUDGEMENT

(1.) Having heard the learned counsels of either party, it transpires that the disputed property is in the shape of latrine as well as its pits and a very little surrounding appurtenant the land, which is the part of the Khata No. 972, 973 & 974 comprised in Khet No. 112, situated in village Haat Patti Balatadi, Tehsil Gangoli Haat, District Pithoragarh.

(2.) This structure of latrine and its pits have been got constructed in the land which is again a part of remaining area 6 Mutthi out of total area of these Khet numbers. The Khet number was owned jointly not only by Shri Ganga Prasad but also by one Shri Devi Dutt as well as Shri Hemchandra, the husband of the defendant. After Shri Devi Dutt, the land was succeeded by his five sons and after the death of Shri Hem Chandra, this land was succeeded by the defendant Smt. Champa Pant.

(3.) It has also been on the record that some of the land was also sold to either Shri Hem Chandra or to Smt. Champa Pant but, it is clear that this 6 Mutthi land remains in the joint ownership of all the persons aforenamed.