dated 24.06.1992, and on account of financial
difficulties, the plaintiff could not construct a house on
the suit schedule site till the end of the year ... having no legal right or title
over the same, constructed a house without her
knowledge. Therefore, plaintiff filed suit for the relief
sought
defendant started
constructing the building in the entire property
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belonging to him. This was within the knowledge of the
plaintiff. Only when the defendant
suit, defendant
encroached an area measuring 8 feet x 12 feet by
constructing a shed thereon and started running an
electrical shop in the said ... with the knowledge of the plaintiff
and his relatives. That having obtained consent of the
plaintiff in the year 1985-86, defendant constructed a shop
plaintiffs, the defendant constructed a
building in the suit property by spending huge money
and this fact is within the knowledge of the plaintiffs
also
have closed the drainage which was
constructed by government several years
back and it comes to the knowledge that the
same is causing severe problems ... facts of the present case.
5. Whether the public drainage constructed by the
State Government or Gram Panchayath long years ago,
was upon the private
layout came to be
formed in the suit schedule properties and some
constructions have also been put up investing the joint
family funds ... also contended that she is an innocent old woman
without any worldly knowledge and had great faith and
affection in her sons and as such
plaint is
that suit schedule properties as described in the plaint
was constructed by plaintiff's father and it was
exclusively owned and possessed ... aware of gazette notification dated 18.02.1974 and it
came to his knowledge only on 30.09.2011 as per
endorsement issued by the defendants. It is further
affidavit evidence, it is clear that the
appellant-defendant has got knowledge that he and his family
members are owners in respect of the property ... obtained any
permission or sanction plan from the local authorities for
constructing the house. DW1 also admits the execution of
sale deed in favour
been in possession and enjoyment of
the suit schedule property and constructed bathrooms,
toilets, compound wall by spending sufficient money
and she has obtained electricity ... possession and enjoyment
without any interruption openly to the knowledge of the
public since twenty years and further contended that
the plaintiff was never
instant
case is notice to the entire world. Therefore, the
plaintiffs had constructive notice of the said sale even in
the year ... sale and therefore he was well aware
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and had knowledge about the transaction made by his
father in favour of defendant. Merely because
