RAM NARAIN Vs. MIRZA MOHAMMED HASNAIN

JUDGEMENT

(1.) RAKESH Tiwari, J. The defendant appellant has filed this second appeal against the judgment and decree dated 31-3-1980 passed by the II Additional District Judge, Basti, in Civil Appeal No. 166 of 1979, arising out of Original Suit No. 40 of 1973 in the Court of the Civil Judge, Basti.

(2.) THIS appeal has been admitted on the following substantial question of law: "whether on the facts and circumstances of the case, the two Courts below were justified in granting a decree for demolition of the building inspite of a delay of five years in bringing the suit ?"

(3.) THE case of the defendant was that the ancestor of the defendant appellant had been granted a licence to make constructions over the land in dispute by the ancestors of the plaintiff-respondents and he had spent a huge amount of money on making the constructions which was in the knowledge of the plainliffs. It was further pleaded that inspite of the knowledge, the plaintiff-respondents did not interfere with the same and as such the suit could not have been decreed without any equitable remedy after such a long lapse of time and that the suit was barred by the principles of estoppel and acquiescence.