SHEO BADAN Vs. PRITHVI PATI

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dtd. 20/1/1983 passed by the Civil Judge, First, Gorakhpur in Civil Appeal No.200 of 1982.

(2.) The plaintiff aggrieved by the disturbance which was being caused by the defendant in his plot no.2826/11, had filed a suit being Original Suit No.53 of 1978. When the suit was dismissed, the First Appeal being Appeal No.200 of 1982 was filed. When the First Appeal was allowed, the defendants filed the instant Second Appeal.

(3.) The plaintiff's suit was dismissed on the ground that the Trial Court found that the plaintiff had not been able to prove his case. However, the First Appellate Court had decreed the suit on the ground that the plaintiff had been able to establish that he had given his plot no.2573/1 measuring 11 decimals in exchange of plot no.2143 which was subsequently converted to plot no.2826/10 and then later on to 2826/11 and, therefore, he had a right over the same. The First Appellate Court had also found that the defendants could not prove their case as they were in effect mentioning about a plot being plot no.2143/1 which was theirs and which in no manner was the same as plot no.2143.