STATE OF U P Vs. RAM PRASAD SAXENA

JUDGEMENT

(1.) THIS first appeal has been filed by the State of U.P. through Collector and others against the judgement and decree dated 21.03.1996 passed by Civil Judge, Senior Division, Azamgarh in O.S. No. 91 of 1995 by which the suit filed by Ram Prasad Saxena against State of U.P. through Collector, Azamgarh, Chief Revenue Officer, Azamgarh, SDM Sadar, Azamgarh and Tehsildar, Tehsil Sadar, District Azamgarh was decreed and defendants were restrained from interfering in possession of the plaintiff over the plot No. 740 situated in Mauja Narauli, Paragana Nizamabad, Tehsil Sadar, District Azamgarh area 3 acre 590 Kari i.e. 1.453 Hector.

(2.) RAM Prasad Saxena, the plaintiff-respondent has filed a suit that his brother Ganga Ram Saxena was the owner and bhumidhar of plot No. 740 area 3 acre 590 kari situated in Mauja Narauli, Tehsil Sadar, District Azamgarh, after death of his brother, plaintiff became bhumidhar of the land being legal heir of his brother. The entire land except certain portion towards west-north has been surrounded by a boundary wall. Several persons have constructed their houses in the west side for which an O.S. No. 44 of 1992 Badri Prasad vs. Ram Prasad and other is pending. The wall is shown in the plaint with letters E, F, G, H, D, I, E. Plaintiff has sold the part of his land through the sale deed to Pramod Kumar. The land abuts the road and now Azamgarh has been declared as a Commissionery. Defendants are adamant to use his land and want to take forcible possession for that purpose. Plaintiff has shown his papers, but despite that defendants are not paying any heed. According to the plaintiff, cause of action arose on 14.04.1995 when defendants threatened to dispossess him by dismantling the boundary wall. Plaintiff, after seeking permission to file a suit without giving notice under section 80 CPC, filed the suit on 15.04.1995. Plaintiff prayed that the defendants be restrained from taking forcible possession of the disputed land plot no. 740, situated in village Narauli, Tehsil Sadar, District Azamgarh.

(3.) IN order to prove their case, plaintiff examined himself as P.W. 1 and defendant has examined Durgadhar Dubey, Lekhpal, area Narauli, Tehsil Sadar, District Azamgarh. No other witness was examined by either of the parties. Parties have also filed several papers which shall be dealt later on at appropriate places.