VISHWA NATH Vs. KASHI HINDU UNIVERSITY VARANASI

JUDGEMENT

(1.) Heard counsel for the appellant,

(2.) The plaintiff appellant Vishwanath (since deceased) filed suit No. 1341 of 1987 for injunction in the Court of Munsif Magistrate, Varanasi claiming that his date of birth is 11.12.1938 and that he has wrongly been superannuated from the post of chowkidar on 31.1.1988 on attaining the age of 60 years. The Court granted temporary injunction in favour of the appellant on 3.1.1988, against which defendant respondent filed Civil Appeal No. 45 of 1988 before IInd Additional District Judge, Varanasi and also filed their written statement before Court in the suit.

(3.) It appears that dispute before the Court was whether date of birth of the appellant is 1.2.1928 as claimed by Kashi Hindu University-defendant or 11.12.1938 as claimed by the plaintiff appellant Vishwanath (since deceased) and others. The Court below framed 12 issues in the suit, out of which issue Nos. 1, 2 and 9 are relevant for the purposes of this case, which are as under: <IMG>JUDGEMENT_315_ADJ4_2010Image1.jpg</IMG>