PRADEEP KUMAR SINGH BAGHEL,J. - (1.) Supplementary affidavit filed today, taken on record.
(2.) This is defendants' second appeal under Section 100 C.P.C. The plaintiffs-respondents have filed a suit for permanent injunction, which was also one of the relief sought by the plaintiff for possession and it was also mentioned that the defendants wants that they may remove their debris. The plaintiffs' case was that plaintiffs are Bhumidhar in both of Khasra No. 71 area 9 dismal situated in village Sonrahi and the defendant land is of Khasra no. 951/2 situated in village Tindwari, district Banda. Their grievance was that the defendants forcibly started raising construction on the part of the land of plaintiffs. The defendant filed a written statement. Their stand was that they have not raised any construction over the plot no. 71, in fact their constriction made on their own land on plot no. 951/2 area 5 dismal situated in village Tindwari. It was averred by them that on the northern side of the defendants' land on plot no. 951/1, there is Khaliyan and on the western side there is grove of Dwarika and other residents of Tindwari. On the eastern side, there is 14 feet land of the defendants and thereafter boundary of the village Tidwari is situated.
(3.) Another issue raised by the defendants was that the civil suit was not maintainable and the proper remedy to the plaintiffs was to file a suit in the revenue court. The survey report was also obtained by the court which is also on record. The trial court has found that the suit was maintainable in the civil court and it also recorded the finding that the plaintiffs are the owner of plot no. 71 and the plot of the defendants is adjacent to it and the defendants have raised construction over the land of the plaintiffs. The trial court decreed the suit of the plaintiffs and issued an injunction not to interfere in the possession of the plaintiffs and also issued the mandatory injunction to the defendants to demolish the construction raised by them.;