JAGDISH RAI Vs. ABDUL WAHAB

JUDGEMENT

(1.) This is a plaintiff's Second Appeal. The suit was for a permanent injunction restraining the defendant from making any constructions on the land in dispute or from, in any other manner, interfering with the plaintiff's right thereon. The relief for possession was also claimed in the alternative in case the court found that the plaintiffs had been dispossessed of any part of the land in suit.

(2.) The land in suit is a triangular plot of land bearing No. 23/20 of Maua Qila Kohna, Pargana Sikandarpur East, District Ballia. The plaintiffs are nine in number. Eight of them had appealed and the 9th was a pro forma respondent in this Court. The plaintiffs are admittedly some of the zamindars of the Mahal and co-sharers in the proprietary rights in the land in suit. The land is part of Abadi of the Muza and is a Brham Asthan with a Bargad tree and Chabutra in the center. It is triangular in shape with public roads on two of its sides and a public drain on the third side. The defendant claims to have acquitted (acquired) a part of the land under two deeds dated the 7th Oct., 1956 and the 19th Jan., 1959 from different co-sharers in the proprietary rights on payment of premium of Rs. 175/- and further claimed that he had to pay 50 P. per year as rent. The trial court decreed the suit, but the lower appeallate court reversed the same and dismissed the suit; hence this Second Appeal.

(3.) It is not necessary in this case to refer to the facts in any great detail.