PALAKDHARI Vs. GAON SABHA DEVARA TRIPURARPUR

JUDGEMENT

(1.) Heard Sri Rajesh Kumar, learned Counsel for the Defendant-Appellant.

(2.) This is a second appeal under Section 100 of the Code of Code of Civil Procedure against the judgment and decree dated 30.10.2010 passed in Civil Appeal No. 58 of 1999 by the Additional District Judge, Court No. 1, Azamgarh whereby the appeal filed by Gaon Sabha Devara Tripurarpur has been allowed and judgment and decree of the trial court whereby the suit of Gaon Sabha was dismissed, has been set aside.

(3.) Learned Counsel for the Defendant-Appellant has firstly submitted that when the land in question Gata No. 459 area 1. 509 hectare was declared as play ground of the institution known as Kisan Prathmik Vidyalay, the Gram Sabha could not file the suit against the institution for the reason that it was land belonging to the Gaon Sabha and the institution was encroaching upon it. The second submission made by learned Counsel for the Appellant is that the orders passed by the consolidation authorities have attained finality and there is a statutory bar of a suit under Section 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953 and as such the trial court had rightly dismissed the suit of the Gaon Sabha, but the first appellate court has committed an illegality in decreeing the same.