KEDAR NATH Vs. SHYAM SUNDER

JUDGEMENT

(1.) This is second appeal under Section 100 of the C.P.C. against the judgment and decree dated 28.4.1980, passed by Civil Judge, Gonda in Civil Appeal No. 62 of 1979 filed against the judgment and decree dated 29.3.1979 in Regular Suit No. 103 of 1972 decided by Ist Additional Munsif, Gonda.

(2.) I have heard Shri U.S. Sahai, advocate for the appellants and Shri R.C. Srivastava for the respondents.

(3.) It appears from the pleadings that the plaintiff-respondents filed a suit with respect to the abadi land alleging it to be their sehan land appurtenant to their house and also alleging that the construction through Maraha and Charani existed over the land in suit belong to them. It was also alleged that the disputed land was being used for tethering cattle and as passage. It was also alleged that the defendants-appellants have constructed varanda adjacent to their house and has dispossessed the plaintiff from its use and enjoyment.