BADRI AHIR AND OTHERS Vs. SAHDEO AHIR

JUDGEMENT

(1.) This is a defendants second appeal against the judgment of 1st Additional Civil Judge, Azamgarh dated 27-10-1965 whereby the judgment and decree of the trial Court decreeing the plaintiffs suit for permanent injunction against the defendant has been confirmed.

(2.) In short, the plaintiff claimed the disputed land as his Abadi and Sahan and had asserted that the defendants had got wrong during the the consolidation operation with regard to the disputed plot No. 33/2 as their Sirdari and that the aforesaid land was not land contemplated by the provisions of the U. P. Consolidation of Holdings Act, hence the entry in favour of the defendants during the consolidation operation was without jurisdiction and that the defendants were trying to interfere with the possession of the plaintiff, hence the suit.

(3.) the defendants-appellants had contested the claim of the plaintiff and have asserted that a part of the disputed land was their Sahan and Abadi and that a part of it was that cultivators land, hence the plaintiffs suit was barred by the provisions of Sec. 49 of the U. P. Consolidation of Holdings Act and various other pleas were taken to negative the claim of the plaintiff.