SUMER Vs. BATOR

JUDGEMENT

(1.) This is a defendants' Second Appeal arising from a Suit for permanent prohibitory injunction and, alternatively, for possession.

(2.) By this Appeal, the defendants of Original Suit no.36 of 1976, seek reversal of the judgment and decree passed by Mr. H.L. Kureel, the then Additional District Judge, Ghazipur, dated 18.02.1988 in Civil Appeal no.134 of 1984, allowing the Appeal and decreeing the Suit, that was dismissed by the Trial Court vide judgment and decree dated 02.05.1984. Parties to the lis

(3.) The Suit was instituted by Bator son of Buddhiram and Shiv Chand son of Bator, arrayed as plaintiffs nos.1 and 2 in that order. The defendants to the Suit were seven in number, to wit, Sumer, Muneshwar, Uddhav, Munni, Jhuri, Radhey and Tufani, all sons of Sahdev. The said defendants were arrayed as defendants nos.1 to 7 in that order. This Appeal was lodged by all the defendants, who at the time of presentation of the Appeal, had grown to a figure of nine. This increase was on account of the death of defendant no.5 to the Suit, Jhuri, who was survived by his wife, Smt. Behafi and two sons, Mansha and Ramesh. Ramesh at the time of presentation of this Appeal was a minor and was, therefore, represented through his mother, Smt. Behafi, acting as his next friend. Pending Appeal, of the nine original defendants-appellants, four died. They are: Sumer, Muneshwar, Uddhav and Munni. Each of these deceased defendants-appellants are now represented on record by their heirs and legal representatives.