RAM JIYAVAN Vs. KANHAIYA LAL

JUDGEMENT

(1.) This is a defendant's Second Appeal, where the defendant/appellant has put a challenge, to the judgment and decree dated 14.07.2011, as rendered by the Court of Additional District Judge/2nd Fast Tract Court, Rudrapur, District Udham Singh Nagar, whereby the Civil Appeal No. 28 of 2010, Ram Jiyavan Vs. Kanhaiya Lal, had been dismissed and as a consequence thereto, the judgment and decree dated 27.03.2010, which was rendered in Civil Suit No. 113 of 2006, Kanhaiya Lal Vs. Gunai Ram, has been affirmed thereby the suit of the plaintiff/respondent was decreed.

(2.) Before the learned trial Court, when the issue was raised by the plaintiff/respondent, for grant of a decree of permanent injunction in relation to the property, which was a subject matter of dispute i.e. the land lying in khata khatauni No. 00162, khasra No. 255, having an area of 0.1500 hectares; which was a land, which was recorded in shreni 4, belonging and recorded with the State, which was claimed by the plaintiff/respondents to be in their possession for a considerable long period, hence sought a decree of permanent injunction.

(3.) The claim of right by the plaintiff/respondent, was on the basis of the entries, which have made in the revenue records, which was placed before the Court below by way of khatauni paper No. 10ga and Khasra paper No. 11ga, and also filed an application, which plaintiff filed before the Tehsildar. The learned trial Court, while recording the findings on issue No. 1, based on the revenue entries, had affirmed the fact that the plaintiff/respondent stood recorded in the revenue records and his possession too, on the basis of khasra was proved. Consequently, the suit was decreed. The said finding has been affirmed by the learned appellate Court by the judgement dated 04.07.2011.