LADLEY Vs. RAM PRASAD

JUDGEMENT

(1.) Heard learned Counsel for the parties at the admission stage. This is plaintiffs' second appeal arising out of O.S. No. 142 of 1987. The suit was dismissed on 27.8.1998 by 5th Additional Civil Judge (Junior Division), Allahabad. Against the said judgment and decree Civil Appeal No. 236 of 1998 was filed which was dismissed on 22.8.2009 by Additional District Judge, Court No. 13, Allahabad hence this second appeal. In the plaint it was alleged that the land in dispute shown by letters A, B, C, D in the plaint map was adjacent to double storied Fakhri Mosque situate at Bai ka bag, Allahabad and it was property of the mosque. The mosque is admittedly situate in plot No. 99 and property of the defendants is situate in plot No. 97. The disputed land lies in between defendants' houses and the mosque. According to the defendants it is part of plot No. 97. It was shown in the plaint map that the main door of the mosque was towards east opening on a road. It was further alleged that towards north also there were three doors of the mosque two of which were closed by the defendants illegally. It was further alleged that towards north west corner of the mosque there is small bathroom/ latrine which is having its door towards north in a Gali.

(2.) Plaintiffs' witness P.W. 1 (plaintiff No. 1) admitted that after several yards of the gali towards north one had to turn towards right in order reach at the main road. Courts below held that there was no sense in having the doors towards the north as the main door was towards the east and it was not practicable that some one would by pass the main door and then reach the alleged doors on the northern side. The Courts below further held that the disputed portion was lying vacant for a long time hence the people using the mosque or its Mutwali might have started, treating the same to be part of the mosque. Reliance was also placed upon a map prepared by Nagar Maha Palika on 8.3.1913 showing plot No. 97 (of the defendants) lying just in the north of the mosque.

(3.) I do not find any error in the findings recorded by the Courts below which are basically findings of fact.