AQLIMA BIBI Vs. SHIV SHANKER

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal in a suit for demolition of certain constructions and for an injunction restraining the defendants from raising any construction, on the land in suit, and for possession thereon.

(2.) THE land is situate within the municipal Hmits of the town of Maunath Bhanjam in the district of Azamgarh. The plaintiffs are the Zamindars of village Sarahu to which the land appertains and are in that sense the owners of the land. Although there was some dispute, the land in suit has been found to form part of plot No. 296, and has an area of 310 Karis. There are three sets of defendants, namely the first set comprising of defendants Nos. 1 to 4, second set comprising of defendant No. 5 and the third set of defendants Nos. 6 and 7. The portions of the land with which each of the three sets of the defendants are concerned, are different and the immediate cause of action pleaded against them is also not the same. The plea of multi -fariousness, that was raised by issue No. 3, not having been pressed in the trial court, nothing more need be said about it.

(3.) THE substantial plea raised in defence was that the residential houses were in existence over the land in suit for more than 40 years and having fallen down in the floods of 1955 they were made afresh and that the owners of the houses had a right to transfer them. Limitation was also pleaded as a bar to the suit apart from other technical pleas. The first issue raised by the trial court was, whether the plaintiffs are owners of the site of the constructions in dispute, and the second issue was whether the suit is barred bv limitation. The first issue so raised did not bring out the essential controversy between the parties, for the real question was, whether the plaintiffs could as Zamindars of the village or owners of the land, eject the defendants and in the process to have the constructions raised bv the original owners of the houses or their transferees, demolished and removed.