SHYAMA DEVI AND OTHERS Vs. MUNICIPAL BOARD, DEORIA

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs in a suit for possession and injunction who had succeeded in the trial court but failed before the lower appellate court.

(2.) The plot bearing khasra no. 54 indisputedly belonged to the plaintiffs. Out of to they sold 21 acre to the defendant-Municipal Board. To the east of this area was left an area of 06 acre belonging to the plaintiffs. The Municipal Board (Defendant-respondent) constructed a school for children facing east, that is, towards the smaller plot. The case of the plaintiffs is that in doing so it encroached upon a small portion use the rest of the area for egress and ingress of the children of the school. The case further is that while the defendant was raising the construction, an objection was raised on their behalf but to no avail. A notice under Sec. 326 of the U.P. Municipalities Act given by the plaintiffs did not yield any useful result. Hence the suit.

(3.) In the suit it was averred that the plaintiffs were entitled to recover possession of the small portion of their land over which an encroachment had been made by the Board. It was also averred that the Board was liable to be restrained from utilising their piece of land as Rasia for those going to and coming out of the school. The two reliefs sought in the suit were that they should be put in possession over that part of their land over which encroahment had already been made, after the demolition of the constructions raised, and by an injunction the defendant may be restrained for permitting the use of the remaining portion for egress and ingress to the school.