SHANTISARAN Vs. SADIQ HASAN ALIAS NIBBAR

JUDGEMENT

(1.) Heard Sri Dinesh Kumar Mishra, Advocate, the learned counsel for the appellants and Sri A.Z. Siddiqui, Advocate who has filed a caveat on behalf of the plaintiff - respondent no. 1.

(2.) By means of instant second appeal filed under Sec. 100 of the Code of Civil Procedure, the appellants have challenged the validity of the judgment and decree dtd. 30/4/2022 passed by the learned District Judge, Balrampur in Civil Appeal No. 19 of 2018 filed under Sec. 96 of the Code, whereby the first appeal filed against the judgment and decree dtd. 24/7/2018 passed by the learned Civil Judge (Junior Division), Balrampur in Regular Suit No. 98 of 1987, has been allowed and the judgment and decree of dismissal of suit passed by the learned trial court has been set aside and reversed and the suit has been decreed.

(3.) The aforesaid suit had been filed by Late Amir Hasan, the predecessor in interest of the respondent no. 1 and 2, pleading that the house and other structures existing on the land shown in the map forming a part of the plaint belong to the plaintiffs and the remains of the structures are still lying on the aforesaid land, which is an abadi land and the land continues to be in possession of the plaintiff. Some Bamboo, Mango, Shisham and Neem trees had also been planted on the aforesaid land by the plaintiff, which are still existing thereon. Three huts were existing on the land in dispute, which were being used by the plaintiff's father and were in his possession. The defendants cut down and sold away some bamboos from the plaintiff's land and the plaintiff had lodged a first information report in police station- Maharajganj complaining about the aforesaid offence. At the time of filing of the suit the plaintiff was aged about 90 years and he used to reside in the Balrampur City and he used to visit the land in question occasionally. Taking advantage of the plaintiff's absence, the defendants were trying to interfere in the possession of the plaintiff over the land in question and for this reason he filed a suit claiming permanent injunction.