RAM PRASAD Vs. GYANWATI

JUDGEMENT

(1.) Heard learned counsel for the parties at the admission stage.

(2.) This appeal has been filed by defendants. It arises out of OS. no.614 of 1985 instituted by the respondents against the appellants. The suit was dismissed on 27.10.1994 by Additional Civil Judge (S.D.)/ACMM VI Kanpur Nagar. The suit was filed for possession. Against decree passed by the trial court, plaintiffs filed Civil Appeal no.46 of 1995 which was allowed by A.D.J. Court no. I, Kanpur Nagar through judgment and decree dated 27.2.2009. The suit was decreed only for demolition and possession. However, relief for damages was not granted and suit to that extent was dismissed.

(3.) Plaintiffs' case is that property in dispute is part of plot no.604, that R.S. Cooperative Housing Society purchased the said plot along with two other plots bearing nos. 601 and 603 and thereafter executed lease deed of an area of 300 sq. yds for the 999 years in favour of plaintiff no.1 on 18.4.1981 and similarly lease of another 300 sq. yds in favour of plaintiff no.2 on 5.5.1982.