HANIF BUX Vs. GAUS MOHAMMAD

JUDGEMENT

(1.) Heard Sri Jamal Ali, learned counsel for the plaintiffs appellant, learned counsel for the plaintiff respondent and perused the record.

(2.) The facts are that the plaintiff respondent filed Original Suit No. 355 of 1995, Gaus Mohammad versus Hanif and others in the Court of Civil Judge (Junior Division), Banda on 20.7.1995 for dispossession of the defendants appellant from the property in dispute shown by letters E,F,G,H,C,I in the plaint map, injunction restraining the defendants from raising construction over the land shown by letters G,J, ID and mesne profits. Further relief sought by amendment was for mandatory injunction for removal of alleged construction made during the pendency of suit over the land in dispute shown by letters G,J, I D.

(3.) The plaintiff respondent alleged that he was bhumidhar of old plot No. 329/ 1 measuring 1 bigha 0.2 biswa i.e. .47 acre, which was recorded in the name of his father Mohammad Bux before consolidation proceedings and after his death the plaintiff Gaus Mohammad became owner of the land in question shown by letters A, B, C, D in the plaint map; that his father had constructed over 5 biswa Abadi of the said plot and entire plot was surrounded by boundary walls; that the Consolidation Officer vide order dated 14.5.1984 ordered that entire khata No. 76 was bhumidhari of the plaintiff; that the proceedings regarding mutation under Rule 109 of Consolidation of Holdings Rules were pending and that the plot in question was recorded as Abadi in revenue records.