BHIM BAHADUR Vs. VIKRAM SINGH AND ORS.

JUDGEMENT

(1.) Having heard learned Counsel of the parties, it transpires that Original Suit No. 229/1998 was launched on 7.7.1998 by Vikram Singh (plaintiff) against Bhim Bahadur and Smt. Lachhi Devi (sister of Bhim Bahadur) seeking the decree of prohibitory injunction, wherein the relief was sought that the defendants be restrained from taking unauthorised possession by way of encroachment on the disputed site. Such site has been shown to be located in Gram Bharuwala Grant, Pargana Central Doon, District Dehradun, bearing Khasra No. 615 (Minzumla New No. 87), area half bigha or 0.095 acre. Its boundaries have also been enumerated at the end of the plaint. In paragraph 19 of the plaint, it was averred that the property, in question, is an agricultural land and so, it was evaluated for the purpose of Court Fee as well. On the other hand, the written statement was filed by the defendants and, in paragraph 7 of such written statement, it was pleaded that the land, in question, though has been shown to be situated in a Khasra, but there is a mention of Abadi as well and this Abadi land belongs to the defendants. The number of old house, which is in highly dilapidated condition, of the defendants was 74, which includes the property in dispute. However, in paragraph No. 16 of such written statement, the jurisdiction of the Civil Court was admitted.

(2.) The learned Trial Court on the basis of the rival averments formulated one of the issues, inter alia, as under:

(3.) Learned Trial Judge vide his judgment dated 12.9.2005 adjudicated the same to the effect that the disputed site is an agricultural land, and not the Abadi because no declaration under Sec. 143 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act (for short, hereinafter referred to as 'UPZA & LR Act') was ever made by any competent revenue authority. It was also shown that out of total area, 0.177 hectare was recorded as agricultural land because revenue records showed the crop of maize, wheat, etc. on such land; the area 0.040 hectare was adverted as Abadi.