RAM PRATAP LAL Vs. JAMEEL

JUDGEMENT

(1.) This is plaintiffs appeal. Suit No. 386 of 1981 was filed against the present defendant respondents for permanent injunction directing them to remove the disputed construction shown by letters GHIJ and MLK and hand Pipe and the trees sown by them and restored back the possession of the plaintiffs over the disputed land,

(2.) It was pleaded that the plaintiff is owner in possession of a house described by letter 'X' and 'Baithaka' described by letter 'Z' in the map annexed with the plaint. The land towards west of the Baithaka described by letter L M C D I J K is the property of the plaintiff and is the land appurtenant to the plaintiffs house and Baithaka and has been settled with him under Section 9 of the U. P. Zamindari Abolition and Land Reforms Act. He has been in possession of the disputed land since before the abolition of zamindari and using it as a Sahan land for tethering the cattle, etc. The possessive title was also claimed and the plea of adverse possession on the property in question being in possession for the last 20 years was also set up in the plaint. The cause of action is that the defendants have raised construction and installed a hand pump and planted trees. Hence the suit.

(3.) The suit was contested by the defendant respondents by denying the plaintiff's title and claiming title themselves. It was further pleaded that the defendants since the time of their ancestor are using the disputed land as their family graveyard and the plaintiff has no right to use the same. The suit is barred by Section 34 of Specific Relief Act.