NAUSHA MIAN Vs. UMRAO SINGH

JUDGEMENT

(1.) This is a deft.'s appeal in a suit for possession over plots Nos. 15, 16, 17 & 18 of village Malwara in district Moradabad. The pltf.'s case was that he had been in possession of those plots as a zamindar but that the deft., some time prior to the suit, had unlawfully dispossessed him. He further alleged that, in the course of his possession, the deft, had constructed some cattle troughs on plot 15, which, like plot 18, was an uftada land, except that on plot 18 there was also a well. The pltf.'s case also was that plots 16 & 17 had been in possession of one Bahadur Shah who left the village some time back, after which these plots had reverted to the pltf. zamindar but had been wrongfully taken possession of by the deft.

(2.) The defence was that all the four plots in dispute had been in possession of Bahadur Shah whose heir the deft. was & that he had been in possession of the same as such. As regards the troughs on plot 15 there was a plea that they had been erected in place of older kuchcha troughs.

(3.) Both the Cts. below, while decreeing the suit in regard to plots 15 & 18, dismissed the claim about the other two plots 16 & 17. As both the parties had succeeded & failed in part in the trial Court, there was an appeal by the deft. & cross-objections by the pltf. in the lower appellate Ct. Similarly, in this Ct. the present appeal was filed by the deft. & there are also cross objections by the pltf.