HAZARAT BARI TALA Vs. RAM BACHAN

JUDGEMENT

(1.) AT the time of arguments no one appeared for respondents, hence, only the arguments of learned counsel for appellants were heard.

(2.) THIS is plaintiffs' First Appeal directed against judgment and decree dated 6.5.1992 passed in O.S. no.53 of 1989 by 7th A.D.J. Azamgarh decreeing the suit of the plaintiffs for permanent injunction in part. Injunction had been sought over a land of about 1 acre. The suit was decreed except for a portion of the land in dispute lying towards north west and admeasuring 261 links (in Azamgarh one acre is divided into one thousand links).

(3.) IN the plaint plot number was not mentioned. Even after the defendants mentioned the plot number of the entire land as 22 in the written statement plaint was not got amended. Defendants filed CH form no.41 (comparative table) showing that previous number of the plot in dispute was 20. Earlier twice litigation had taken place about the property in dispute before revenue court under Section 229 B of U.P.Z.A.L.R. Act and predecessor in interest of plaintiffs no. 2 to 6 in the said suit (suit no.941) had admitted number of the property in dispute to be 20 (later on converted into 22). Plaintiffs themselves filed copy of the Commissioners report with map filed in suit no.616 under Section 229 B of U.P.Z.A.L.R. Act which was numbered as paper no.118 Ga -1 and 119 Ga -1. The map showed that the plot in dispute in both the suit was same and the commissioner had given the number of the same as 22.