(1.) HEARD Sri H.R. Mishra, learned Senior Advocate assisted by Sri Shyambhavi Nandan, Advocate for appellants and Smt. Durga Tiwari, Advocate for respondents.
(2.) ALL these appeals involve common substantial questions of law having arisen from a common judgment dated 23.12.1981 passed by Civil Judge, Deoria deciding Civil Appeals No. 43 of 1969, 44 of 1969, 45 of 1969, 46 of 1969, 47 of 1969, 48 of 1969, 49 of 1969, 51 of 1969, 53 of 1969, 62 of 1969 and 64 of 1969, hence, as agreed by learned counsels of the parties, have been heard together and are being decided by this common judgment.
(3.) THE plaintiffappellant (hereinafter referred to as the "appellant"), U.P Gandhi Smarak Nidhi instituted suits against . defendantsrespondents (hereinafter referred to as the "defendants") seeking removal of constructions raised by them on the ground that same is unauthorized and illegal. The case set up by appellant is that it is a registered body. Araji No. 285, area 80 decimal and 284, area 32 decimal, situated at Mauja Kasya Tapa Mainpur, Pargana Sidhwa Jobna, District Deoria is a Nazul land belong to State. The land was leased out to Gandhi Mishan Prachar Samiti (hereinafter referred to as "GMPS") vide lease deed 4 dated 06.03.1954. After getting possession of the aforesaid land, GMPS handed it over to appellant, whereupon a building was raised on a part of the land and rest was left open. The defendants, sometimes in November, 1962 unauthorisedly occupied small segments of land raising Gumtis measuring about 20x20 Kadi. The act of defendants is wholly unauthorized, illegal. Complaint in this regard was also made to SubDivisional Magistrate and Collector concerned as well as State of U.P. and, thence, suits filed seeking dispossession of defendants from land in dispute.
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