YASEEN ALIAS DHONDHEY Vs. MOHD ALI

JUDGEMENT

(1.) This is second appeal under Section 100 of Code of Civil Procedure against the judgment and ' decree dated 30.10.1981 passed by Civil Judge, Baharaich in Civil Appeal No. 116 of 1980 arising out of Regular Suit No. 415 of 1998 decided by 1st Additional Munsif, Baharaich vide judgment and order dated 31.3.1980. Since the appeal was partly allowed and partly dismissed, the plaintiff has also filed cross objections against the judgment of the first appellate court.

(2.) I have heard Shri u. S. Sahai learned counsel for the defendants-appellants and Shri Mohd. Arif Khan counsel for the plaintiff-respondent.

(3.) It appears that the plaintiffs-respondents filed a suit for permanent prohibitory injunction restraining the defendants from making any interference in the plaintiff's possession over the land shown by letters ABCD in the map Paper No. 24C prepared by Commissioner and also from maintaining any window, ventilator, door and drain in the south of the land shown by letters AD in the Commissioner's map and also from raising and construction on the passage land shown in that map. The case of the plaintiffs is that they are the owners of their house as shown in the plaint map since the time of their father. The main door of the plaintiffs' house faces towards north. The disputed land shown by letters ABCD in the plaint map is the 'sahan' of their house which is used for sitting and which is used for the purpose of ceremonies in connection with death and marriages. Plaintiffs also tie their cattle on the land in suit. It is alleged that the land in suit has settled with the plaintiffs under Section 9 of the U.P. Zamindari Abolition and Land Reforms Act and it is in plot No. 701 Minjumla. The plaintiffs purchased this land for Rs. 75 from Gaon Sabha in auction. Defendants have no concern with the land in suit. It is further alleged that east and north of their house, there is a passage which is existing for the last 50 Years. This passage goes in a chak road. The plaintiffs are using this passage for the last 50 years for carrying their bullock carts. By making amendment in the plaint, a relief for mandatory injunction for closing the door opened in the wall AD as shown in the Commissioner's map was also sought.