GANGA PRASAD SAHU Vs. CHIDDU LAL

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and decree dated 19.10.1982 passed by the Additional District Judge Vth, Lucknow in Regular Civil Appeal No.416 of 1978, whereby the appeal was allowed and the suit of the plaintiff -appellant was dismissed.

(2.) I have heard Sri Brijesh Kumar Saxena, learned counsel for the appellant and Sri J.P.Mathur learned counsel appearing on behalf of the respondents.

(3.) THE plaintiff -appellant filed a suit for injunction and declaration against the defendants -respondents claiming himself to be the owner of the Plot Nos.430, 431, 448, 449 and 450 situate in Mohalla Baraf Khana, District Lucknow. According to the plaintiff -appellant Ram Charan had three sons, namely, Chunni Lal, Ori Lal and Nannhey Lal. Since Ori Lal and Nannhey Lal died issuless, therefore the widow of Chunni Lal, namely, Jagrani inherited the entire property and plaintiff -appellant had purchased the aforesaid plots of land from Smt. Jagrani and came into possession thereof. The plaintiff -appellant thereafter started raising construction over these plots, but defendants -respondents created hindrance, and consequently, proceedings under Section 145 Cr.P.C. were initiated before the Magistrate. The learned Magistrate finding himself unable to decide the question of possession referred the dispute to the Civil Court for determination of question of possession. The Civil Court decided the possession in favour of the defendants -respondents. It was only after the finding of the Civil Court in reference to the order of the Magistrate, the plaintiff -appellant filed a suit for declaration of his title and also for injunction.