STATE OF U.P. Vs. SHARDA MAHESHWARI

JUDGEMENT

(1.) Heard Sri P.P. Chaudhery, learned standing counsel for appellants, State of U.P. and its authorities and Sri Manish Goel, learned counsel for plaintiff respondent.

(2.) This is defendant's second appeal arising out of suit for possession and demolition of constructions which was dismissed by the trial court but lower appellate court allowed the appeal and decreed the suit. The suit (O.S. No.377 of 1994) was dismissed by Additional Civil Judge, Senior Division, Court No.13, Allahabad. Against the said decree plaintiff respondent filed Civil Appeal No.1 of 2006, which was allowed by A.D.J. Court No.13, Allahabad on 28.10.2006, judgment and decree passed by the trial court was set aside and suit of the plaintiff respondent was decreed.

(3.) Property in dispute is a nuzul plot (lease-hold right therein) belonging to the State Government situate in Civil Station, Allahabad bearing plot No.NN/B, area 3744 square yard (=3130.35 square meter). In the plaint map, the entire property in dispute was shown by letters A B C D and a very small portion within A B C D was shown by letters E F G H bearing house No.9/1, Kanpur Road. Relief of possession was sought over the entire plot A B C D except E F G H part thereof over which plaintiff claimed that she was in possession. Lower appellate court decreed the suit directing the defendant to deliver vacant possession of the land shown by letters A B C D in the plaint map excluding that portion which was shown by letters E F G H regarding which it was declared that plaintiff was already having her house thereupon and was in possession thereof. Through this second appeal, judgment and decree passed by the lower appellate court has been challenged.