JUDGMENT

This Second Appeal under Section 100 of CPC is preferred feeling aggrieved by the judgment and decree dated 16.08.2001 passed by Additional District Judge, Begumganj, in Civil Appeal No.16-A/2000 arising out of judgment and decree dated 07.11.2000 in Civil Suit No.35-A/1988 by Civil Judge Class-I, Begumganj, Raisen.

2. Facts in brief are that respondent/plaintiff, Harishankar filed a suit for declaration and injunction regarding the land adjoining to the house of the plaintiff.

3. As per plaint, towards west side of the house of the plaintiff a Nala passes by and between the Nala and the wall of the plaintiff, common road passes through since many years. The case of the plaintiff was that the defendants were encroaching upon this common road. It was alleged in the plaint that the father of the appellants encroached upon this vacant land to set up small shop. The plaintiff alleged that the father of appellants/defendant were an influential person and after encroaching the plaint collected building material so as to construct a Pucca Hotel. Thus, the plaintiffs prayed for permanent injunction over the suit land and further prayed for injunction restraining the defendant/appella