LAL MADHO SINGH Vs. ABDUL QAIYUM KHAN

JUDGEMENT

(1.) This is a defendants' appeal arising out of a suit for demolition of certain constructions made by the defendants-appellants in plots Nos. 180 and 181/1 in village Ainadih, district Allahabad.

(2.) The plaintiff-respondent is a zamindar of the village and the defendants-appellants are tenants as well as riyayas. The defendants-appellants have a house in the abadi of the village-on plot No. 180; and plot No. 181/1 is an agricultural plot under their occupancy tenancy. On the finding of the Courts below, which is not disputed before me, they extended their house so as to cover the land either of plot No. 180 or of plot No. 181/1 or both. It has not been decided by the Courts below whether the disputed constructions were in one of the plots or in both.

(3.) The defendant's main case was that they were entitled to build upon their occupancy plot No. 181/1 because the construction being an extension of their residential house amounted to an improvement within the meaning of Section 3 (8). U. P. Tenancy Act; and that they were entitled to make an extension in the abadi plot No. 180 because the extensions were made on what was called "sahan darwaza" land in front of and appurtenant to the house. Both the Courts below have overruled the defendants' objections and decreed the suit.