NAGAR NIGAM LUCKNOW Vs. KRISHNA DEVI

JUDGEMENT

(1.) Heard Sri Upendra Nath Mishra, Counsel for the appellant and Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri M.E. Khan, Counsel for the respondent Nos. 1 to 4.

(2.) Through the instant first appeal under Section 96 of the Code of Civil Procedure, the appellant-Nagar Nigam, Lucknow has assailed the judgment and decree dated 20.2.2013 passed by the Additional Civil Judge (Senior Division), Court No.22, Lucknow [hereinafter referred to as the "trial Court"], in Regular Suit No. 323 of 2004, whereby the trial Court allowed the suit in favour of the plaintiffs/respondent Nos.1 to 4 and declared that on the basis sale deed in question dated 28.6.1940 Paper No. 89-Ga (loss Paper No. 9Ga/2), the plaintiffs/respondent Nos. 1 to 4 are the owner of land i.e. Khasra No. 1, measuring 30 bigha, 12 biswa, 4 biswansi situated at Village Farukkhabad Chillawan, Pargana Bijnour, Tehsil & District Lucknow.

(3.) Undisputed facts of the case are that the predecessor of respondent Nos. 1 to 4, namely, Sri Bharat Singh, filed a suit for perpetual injunction and declaration before the trial Court, which was registered as Regular Suit No. 323 of 2004. Notices were issued. In response thereof, defendant No.4/appellant and defendant Nos. 1 and 2/respondent Nos. 5 and 6 have appeared and filed their written statements but from the side of defendant No.3/respondent No.7, no one has put in appearance and as such, the case was proceeded against him ex parte vide order dated 1.11.2010.