VIJAY SINGH Vs. MEHDI HASAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the record.

(2.) This is a plaintiff's second appeal filed under Sec. 100, C.P.C., and is directed against the judgment and decree dated 11.8.2000 passed by the VII Additional District Judge, Allahabad dismissing the appeal and affirming the decree passed by the trial court.

(3.) In brief, it was pleaded by the plaintiff-appellant that he was the Bhumidhar in possession of the land in dispute. The defendants were illegally interfering in his possession as they wanted to take possession and to raise constructions over the land in dispute. The suit was contested by the defendant respondents who denied the claim of the plaintiff. Parties produced evidence in support of their cases before the trial court. The trial court after going through the entire evidence on record, recorded findings on the relevant issues in favour of the contesting respondents. On issue No. 1, it was specifically held that the plaintiff was not in possession of the land in dispute. Having recorded the said findings, the suit was dismissed by the judgment and decree dated 17.5.2000. The plaintiff filed an appeal challenging the validity of the said decree passed by the trial Court. The appellate Court also affirmed the findings recorded by the trial court and dismissed the appeal by its judgment and decree dated 11.8.2000. Hence the present second appeal.