SAGHIR AHAMD Vs. SHAKOOR

JUDGEMENT

(1.) This Second appeal is preferred against the judgment and decree passed by Ist Additional District and Session Judge, Azamgarh, in Civil appeal no.433 of 1977 dated 28.4.1978 arising out of the judgment and decree dated 31.10.1977 passed by Ist Additional Munsif, Azamgarh in O.S. no.53 of 1976.

(2.) The brief facts of the case giving rise to this appeal are that the plaintiff respondent (hereinafter called 'as respondent') filed an original suit no.53 of 1976 against the defendant appellant and proforma respondents (hereinafter called as ''appellant') for the relief of permanent prohibitory injunction.

(3.) As per the allegations contained in the plaint the respondent is the sirdar of plot no.162/2, area 50 kari and is doing cultivation on the above said plot. The appellant has not concerned with the land in dispute. However, he is on inimical terms with the respondent and the appellant started collecting building materials over the land in dispute, consequently, necessity of the suit arose.