STATE OF BIHAR Vs. RADHEY SHYAM GUPTA

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned counsel appearing for the appellants.

(2.) The defendants are the appellants in this appeal against the judgment and decree of reversal granting the decree to the plaintiff as prayed.

(3.) The suit was filed by the plaintiffs for declaration that the suit plot denoted in the map attached with the plaint is the part of the Plot No.882 of the plaintiff and is also part of the house of the plaintiff. The plaintiff filed the suit when the defendants started proceeding under Bihar Public Land Encroachment Act for removal of the construction of the plaintiff over the suit land. The plaintiff claimed that the suit land as denoted in red colour and by A, B, C and D in the sketch was the part of the house situated over R.S. Plot No.882 Area 5 decimal which was carved out of C.S.Plot No.665 Area 5 decimal. The defendant contested the claim of the plaintiff asserting that the suit land was the part of the Gali in use of the general public.