NEELAM DEVI Vs. MANOJ KUMAR

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a decree passed by the two Courts below, concurrently dismissing the suit for declaration and permanent prohibitory injunction.

(2.) Heard Mr. Ramesh Kumar Chaurasia, learned Counsel for the plaintiff-appellant in support of the motion under Order XLI Rule 11 C.P.C.

(3.) The plaintiff-appellant (for short, 'the plaintiff') instituted O.S. No. 279 of 2010 before the Civil Judge (Sr. Div.), Ballia, seeking a declaration to the effect that the entire premises as detailed at the foot of the plaint is the exclusive property of the plaintiff since 1999 and that the defendants have no right in the said property. A permanent injunction was sought to the effect that the defendants be restraining from dispossessing the plaintiff from the shop denoted by figures 1, 2, 3, 4 in the plaint map annexed, from transferring any part thereof, without a partition by metes and bounds, and further interfering with the plaintiff's business carried on in the shop, subject matter of the suit.