MANOKAMINI DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) Heard, Shri Prashant Jaiswal, Advocate holding brief of Shri N.N.Jaiswal, learned counsel for the appellant and Shri Ran Vijai Singh, learned counsel for the respondents.

(2.) This First Appeal From Order has been filed challenging the judgment and order dated 17.10.2001, passed in Regular Civil Appeal No.57 of 1993;Manokamini Devi Versus Ashok Kumar.

(3.) The appellant had filed a Regular Suit No.450 of 1987 for mandatory injunction before the Munsif, Barabanki alleging therein that the plot no.158 situated in village Chakkazipur, Pargana and Tehsil-Fatehpur, District-Barabanki was belonging to Smt. Rani Kaneez Ali which was her bhumidhari holding. She had partitioned this plot into five smaller plots and sold those plots to different persons. The plaintiff-appellant had purchased one of these plots of Khasara No.158, which is depicted in the site plan as 1-B. It was purchased through a registered sale deed dated 17.09.1977 and the possession was also obtained. According to the plotting scheme of Smt.Rani Kaneez Ali there were three plots i.e. 3, 4 and 5 on the northern side and plot nos.1 and 2 on the southern side and there was a 20 feet road in between them. The defendant-respondent had purchased plot nos.3,4 and 5 depicted in the site plan. The defendant had started encroaching the road in between the plot nos.1 and 2 on one side and 3, 4 and 5 on the other side on points A, B, C and D depicted in the site plan. The appellant tried to stop the defendant but he did not stop and raised a wall of 50 feet long and 5 feet high, therefore the suit was filed.