KRISHNA MURARI Vs. LAXMI NARAIN

JUDGEMENT

(1.) - This is plaintiff's second appeal. Krishna Murari (since deceased) son of Harihar Prasad instituted the O.S. No. 368 of 1984 against Lakshmi Narain, the State of U.P. through Collector, Depria, Tehsildar Salempur and Prabhari Adhikari, Industries Department for permanent injunction in respect of a open piece of land described in the plaint on the please inter alia that he is the owner in possession of a house having entrance towards North. There is a road towards north of the house and the disputed land described in the plaint lies towards the other side of road is a vacant piece of land. It is in his occupation and he is using the same by keeping Khoota, Naad, Charahi etc. Also there is a Neem tree. The property in dispute is his ancestral property. There was a rumour in the village that the defendant No. 1 who has no concern with the said piece of land has mortgaged it with other respondents as a security for loan and the Industries Department is going to auction sale it on 23.2.1984.

(2.) The suit was contested by the defendant No. ton the pleas inter alia that he has purchased the said property from Harihar Prasad by means of a registered sale-deed dated 9.1.1961 and is in occupation since then. The said piece of land was mortgaged with the Industries Department as a security for the loan amount advanced to him.

(3.) On the basis of the pleadings of the parties, as many as eight issues were framed by the trial Court. However, the issue No. 1 as to whether the plaintiff who is owner in possession of the property in dispute is the only surviving issue in the present appeal. The said issue along with other issue was decided on 6th of July, 1987 by the trial Court in favour of the plaintiff and the suit was decreed. The said decree was subject matter of appeal before the Court below at the instance of Lakshmi Narain, defendant No. 1, which has been allowed by the First Appellate Court on 11th of July, 1997.