RAM KHELAWAN Vs. SHANKAR LAL AND ANOTHER

JUDGEMENT

(1.) Heard Shri K.S. Rathor, learned counsel for the appellant.

(2.) The suit was filed for permanent injunction restraining the plaintiff from interfering in possession and use of house of the plaintiff shown by letters Ka, Kha, Ga, Gha in the plaint map and further not to demolish the same and not to raise any construction over the property.

(3.) The suit was filed on 8.2.2000. The same was contested by the defendants on the ground that disputed house belongs to the defendants and they are owner and possession of the said house. The case of the defendants was that disputed house belongs to Shiv Charan, who had executed the sale deed on 24.10.1975 with regard to the portion of the house in dispute. Another sale deed dated 4.4.1975 was executed in favour of father of defendant by Vishwanath son of Jai Lal. Defendants are owner on the basis of said sale deeds. After exchanging the pleadings, trial court framed various issues, out of which issue no.1 was as to whether plaintiff is owner in possession of the disputed house as per plaint allegation. The oral and documentary evidence was filed by both the parties. After consideration of documentary evidence, namely, paper no. 34-Ga filed by the plaintiff, the order dated 4.4.2000 was passed by the Sub-Divisional Magistrate, Sirathu, district Kaushambi under section 123 (1) of U.P.Z.A.& L.R. Act (hereinafter referred to as the Act) on the basis of which trial court had recorded the findings that disputed house, boundaries of which has been mentioned in the order dated 4.4.2000 passed by the Sub-Divisional Magistrate, Sirathu district Kaushambai, was settled in favour of the plaintiff under section 123 (1) of the Act. This document was filed during the pendency of the suit for the reason that suit was filed two months prior to the said order.