AGARWALA, BEG
Shri Thakur Behariji Maharaj – Appellant
Versus
Shri Thakur Dauji Maharaj – Respondent
JUDGMENT
Agarwala, J. - This is a Defendant's application in revision arising out of a suit for removal of an encroachment. The parties are two idols which are installed in two adjacent temples,. The Plaintiff's temple is in the south-west corner of the Defendant's temple. The southern and western walls of the Defendant's temple were reconstructed or repaired and the Plaintiff-opposite party's case was that in the process of reconstruction or repair encroachment of I foot in the width and 14 feet in length had been made into the land belonging to the Plaintiffs temple. This would be at the south west-corner of the Defendant's temple. The defence was that there has been no encroachment.
2. The decision depended mostly upon measurement. The parties made a statement in court. The statement was that if the Defendant's southern wall was 25 feet or less in length from the Government Takia the Plaintiff's suit will stand dismissed, but if the wall were longer the Plaintiff's suit will be decreed. This statement was made with reference to a map No. 27A. In the map the southern wall of the Defendant's temple was shown as 26 feet in length. In accordance with the statement of the parties an am
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