KHUDDAR Vs. GOPI CHAND & OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the appellant at the admission stage.

(2.) THIS is plaintiff's Second Appeal arising out of Original Suit No. 1051 of 1980 which was dismissed on 7.11.1988 by VIIIth Additional Munsif, Deoria. Against the said decree plaintiff -appellant filed Civil Appeal No.278 of 1988 which was dismissed by IInd Additional District Judge, Deoria on 24.5.1999 hence this Second Appeal.

(3.) CONTESTING defendants pleaded that towards South of the road there was no house of the plaintiff, that house of contesting defendants was situate towards South of the road and C D E F was in their possession and ownership, that the house of the plaintiff was quite far away from the land in dispute. It was further pleaded that plot no.497 was allotted to the contesting defendants by the Consolidation Officer and it was their chak. Plaintiff who appeared as P.W. -1 categorically stated in his statement that towards South of his house there is a road and he did not tell this fact to his counsel while plaint was drafted.