RAJ DULARI Vs. FAZLUL RAHMAN AND OTHERS

JUDGEMENT

(1.) This second appeal filed by the plaintiff arises out of a suit for a declaration that the land in dispute is appurtenant to the plaintiff's residential building and is settled with the plaintiff. The plain tiff also prayed for a relief of injunction. The suit was totally dismissed by the trial court but the lower appellate court granted the plaintiff a decree for a declaration but refused to grant an injunction.

(2.) Defendant No. 1 in this case is the State Government while defendant No. 2 is the Gram, Sabha of village Aghwanpur. The plaintiff was the former Zamindar of the village. It was alleged that the land in dispute was a part of the compound of the plaintiff's residential house and was appurtenant to the said building. The site should be deemed to have been settled with the plaintiff under Sec. 9 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter called as the Act). This land was used for purposes of holding a bazar and it was alleged that the defendants were interfering in the plaintiff's possession and were bent upon auctioning the bazar and so the suit was filed.

(3.) The suit was resisted on behalf of the State as well as the Gram Sabha. The plaintiff was said to have no rights in the land nor was the land said to be appurtenant to the plaintiff's house. It was also stated that the hats and bazars having vested in the State Government the plaintiff was not entitled to realise the tahbazari.