KEWAL Vs. RAM NAYAN AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for Appellant.

(2.) THIS is a Defendant's second appeal arising out a Suit No. 357 of 1983 (Ram Lochan v. Kewal and others ) decreed partly vide its judgment and order dated 7.2.2003. Appeal filed by Plaintiff -Respondent has been allowed. Hence, this appeal by Defendant.

(3.) DEFENDANT filed written statement denying claim made in the plaint but he has admitted this fact partly that no construction has been made upon the land of Plaintiff -Respondent. In case, on the basis of Commissioner's report, from 15 ka -2 about three hand south towards west it is the property of the Defendant. Defendant No. 2 has also filed his written statement and denied claim and has submitted that Plaintiff and gaon sabha has got no concerned with the property and Plaintiff has not submitted map and has not submitted that Arazi No. 977 measuring 52 kari cannot be ascertained without survey and he is in possession of the property and this land was given by zamindars. From that date he is in possession of the property in dispute before the date of vesting and under Section 9 of the U.P. Zamindari and Land Reforms Act, property has been settled under Section 9 and there is a marahi and house of Defendant No. 1 which is standing from five to six years. According to him, no further construction has been made.