SUNDER LAL Vs. RAM CHARAN

JUDGEMENT

(1.) KAMAL Kishore, J. This is the second appeal against the judgment and decree dated 2-8-1980 passed by Sri N. B. Asthana, the then IInd Additional District Judge, Rae Bareli allowing the first appeal and setting aside the judgment and decree passed by the then III Additional Munsif, Rae Bareli in Suit No. 82 of 1978.

(2.) THE suit was filed upon the allegations that the plaintiff is the Bhumidhar of Plot No. 101 having an area of 8 Bis. , 15 Bis. This plot is in two parts. THE area of one part is 5 Bis. , 10 Bis. , while the other part is 3 Bis. , 5 Bis. He planted Mahuva and mango trees over this plot about 12 or 14 years back. THE area of 3 Bis. , 5 Bis. , of Plot No. 101 is contiguous to Plot No. 100 of the defendants in which his Katahal tree exists. Defendant No. 1 along with some of his companions plucked the Katahals of the aforesaid tree on 9-7-1976 causing a loss of Rs. 150 to the plaintiff. He filed a complaint regarding it. Defendant No. 1 and the other accused were convicted by the trial Court but acquitted in appeal. THE defendant claimed themselves to be the owner of the Katahal tree in question and therefore, the suit.

(3.) I have heard the learned Counsel for the parties and gone through the records.