HANS RAJ Vs. DEWAN SINGH

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 07 -08 -1981, passed by learned Civil Judge, Nainital in Civil Appeal No. 17 of 1981, whereby the said appeal was dismissed and judgment and decree dated 10 -02 -1981, passed by llnd Additional Munsif, Haldwani, in Civil Suit No. 17 of 1978, dismissing the suit, is affirmed.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) DEFENDANT Dewan Singh contested the suit before the trial court and filed his written statement, in which it is admitted that Plot No. 164 belongs to the State. However, it is pleaded on behalf of the said Defendant that a lease was granted in favour of Defendant No. 1 Dewan Singh, by the Government, and as such constructions raised by him are not liable to be removed from the land in dispute. Legal pleas are also raised in the written statement, whereby it is stated that suit is bad for non joinder of State. (State is latter on impleaded by the Plaintiff as Defendant No. 2). It is further pleaded by Defendant No. 1 Dewan Singh that suit was under valued and court fee paid is insufficient. Defendant No. 2 State of Uttar Pradesh, who was impleaded in array of parties latter on also filed its written statement and supported the case of Defendant No. 1 Dewan Singh.