MOHAN LAL Vs. STATE

JUDGEMENT

(1.) Heard Mr. Anil Kumar Mishra, learned counsel for the appellant and Mr. Jitendra Narayan Rai, learned Additional Chief Standing Counsel along with Mr. Pradeep Kumar Tiwari, learned Standing Counsel for the State.

(2.) The present second appeal under Sec. 100 of Civil Procedure Code has been filed on behalf of plaintiff against the judgment and decree dtd. 30/8/2018 / 5/9/2018 passed by District Judge Bhadohi Gyanpur in Civil Appeal No.21 of 2018 arising out of Suit No.112 of 2013, the trial Court vide judgment and decree dtd. 2/4/2018/13/4/2018 dismissed the plaintiff's suit for declaration and injunction and the decree of trial Court has been maintained by lower Appellate Court.

(3.) The plaint case as pleaded in brief is that Plot No.146 area 0.183 hectare situated in Village- Sherpur Gopalaha, District Sant Ravidas Nagar Bhadohi is recorded as Navin Parti in the revenue records. The old number of Plot No.146 before consolation operation was 3755, 3756, 3757, 3758, 3759, 3760, 3761 and 3763. It is further mentioned in the plaint that actual owner of the aforementioned plot were Hanuman Baksh Singh and others, Jokhai, Dangar, Kashav (plaintiff's father) and Ram Prasad Singh. It is further pleaded that aforementioned plots are situated adjacent to Abadi Plot No.317 (old no.3820) in which plaintiff's old residential house is situated. It is further pleaded that at the time of the partal during consolidation operation disputed plot was Abadi on spot but due to the fault of Consolidation Authorities, the plot in dispute was recorded as Navin Parti in the revenue records, as such, defendants threatened to interfere with the possession as well as to dispossess the plaintiff from the disputed Abadi land and further threatened to allot the same to other person, hence the suit.