SHOBHA RAM Vs. RAJ DUTT

JUDGEMENT

(1.) This is second appeal under Section 100 of the Code of Civil Procedure against the judgment and order dated 12.11.1982, passed by District Judge, Gonda in Civil Appeal No. 128 of 1982, Raj Dutt v. Shobha Ram allowing the appeal and setting aside the judgment and decree dated 5.5.1982 passed by Munsif, Gonda in Regular Suit No. 454/1981, Raj Dutt v. Shobha Ram.

(2.) I have heard Shri Mohd. Afzal holding brief of Shri Z. Zilani for the appellant and Shri N.N. Jaiswal for the respondent.

(3.) It appears that the plaintiff-respondent filed a suit for injunction over the land shown by letters ^^v c l n** known as bamboo clumps for restraining the defendant from interfering in the possession of the plaintiff. The case of the plaintiff was that the disputed land has been in his use and possession and the bamboo clumps was raised by his ancestor over the disputed land. The sahan of the house of the defendant is in the west of his house while the disputed land is in the back of his house and the defendant has no concern either on the land or on the bamboo clumps.