Decided on May 03,2012

Anil Nautiyal Appellant
Brijendra Singh Jagwan Respondents


B.VERMA, J. - (1.) HEARD learned counsel for the appellant.
(2.) THIS second appeal is directed against the judgment and decree dated 23-3-2012 passed by the District Judge, Rudraprayag in Civil Appeal No. 7 of 2011 Anil Nautiyal v. Brijendra Singh Jagwan as well as the judgment and decree dated 16-11-2011, passed by Civil Judge (Senior Division), Rudraprayag, in Civil Suit No. 14 of 2008, Anil Nautiyal v. Brijendra Singh Jagwan, whereby the trial court had dismissed the suit of the plaintiff-appellant. Briefly stated the facts giving rise to the present appeal, according to the appellant, are that the plaintiff-appellant filed suit for a decree of permanent injunction against the defendant-respondent to restrain the defendant-respondent from interfering in the peaceful possession of the plaintiff over plot No. 459-A of village Sandar (Belani), district Rudraprayag. The plaintiff-appellant inherited this land from his father. The house of the respondent-defendant is constructed just ahead of the aforesaid land of plot No. 459-A and the respondent-defendant wanted to grab the land of the plaintiff illegally, therefore, on 9-6-2008, the defendant came on the plot No. 459-A and started to collect the stones over the said land. When the plaintiff-appellant came to know of this fact, he asked the defendant-respondent not to interfere with his (plaintiff's) land. The defendant started abusing him and threatened him of dire consequences. The plaintiff-appellant therefore filed the suit for permanent injunction, which was registered as Civil Suit No. 14 of 2008 in the court of Civil Judge (Senior Division) Rudraprayag.
(3.) THE suit was resisted by the defendant by filing his written statement. Defendant has denied the plaint allegations and in additional pleas, in paragraph Nos. 14 and 15 of the written statement, the defendant has specifically stated that the stones were collected by the defendant for construction of house over plot Nos. 462 and 463 of which he is a recorded Bhumidhar and that his father purchased this land measuring 1 Nali, 5 Muthi from Ghananand Kala son of Tara Datt Kala.;

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