Haldhar Upadhya vs Ram Sumer Upadhya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1938 Supreme(All) 118

VERMA
Haldhar Upadhya – Appellant
Versus
Ram Sumer Upadhya – Respondent

JUDGMENT

Verma, J. - The appellant before us was defendant 1 in the suit, which was for the demolition of certain constructions which according to the plaint had been put up by the appellant in plots Nos. 343, 344 and 345. The trial Court dismissed the suit, but the lower Appellate Court has decreed it in part and has ordered the demolition, of the constructions lying in plot No. 345, and has also given to the plaintiff a decree for joint possession over plot No. 345 with defendant 2. The case of the plaintiff was that plots Nos. 343, 344 and 345 were the sir plots of the plaintiff and defendant 2 and that defendant 1 had built a house, a charan and a cattle trough and had dug a pit and had constructed a well in these plots recently without the consent of the plaintiff. The defence was that there had been a private partition between the plaintiff and defendant 2 under which plot No. 343 had been allotted to the plaintiff as his sir and plots Nos. 344 and 345 had been allotted to defendant 2 as his sir, that none of the constructions lay in plot No. 343, that the house was situated in plot No. 344 and had been rebuilt on the old foundations of a house which had stood; there for 15 ye

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