STATE OF UP Vs. KESHAV MURARI RAI

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This second appeal has been filed challenging the validity and correctness of the judgment dated 22.8.2009 and decree dated 3.9.2009 passed by the Additional District Judge, Court No. 3, Azamgarh in Civil Appeal No. 300 of 1996 arises out of the Original Suit No. 3 of 1989.

(2.) The brief facts of this case are that the plaintiff-respondents filed Original Suit No. 3 of 1989 for mandatory injunction not to interfere in the possession of the plaintiff-respondents and not to construct any road passing through the plot of plaintiff-respondents. The claim of the plaintiff-respondents was that he had purchased the said plot vide sale dated 15.5.1983 and is the owner and in possession of the property in dispute, but the defendant-appellants are forcibly trying to make a road on the part of the land of the plaintiff-respondents.

(3.) The suit was contested by the defendant-appellants by filing written statement denying the plaint allegations. The stand of the State Government was that the soil work of the road was being made by the department of P.W.D. which was already existing and no new road was being constructed on the plot of the plaintiff-respondents. It was also stated that the road was being constructed under the Draught Relief Scheme with the mutual consent of the villagers in the concerned Gaon Sabha which had made the land available to it.