TEERATH Vs. LALJI

JUDGEMENT

(1.) Sri Manish Kumar Nigam filed his appearance on behalf of respondents No. 2/1 and 2/2, which is taken on record. Heard Sri Sanjai Kumar Pandey, learned Counsel for appellant and Sri Manish Kumar Nigam, learned Counsel for respondents No. 2/1 and 2/2.

(2.) This is plaintiff's second appeal challenging the judgment and decree of the Courts below, dismissing his suit for permanent injunction and demolition.

(3.) The plaintiff-appellant instituted the suit alleging that he is in possession of Arazi No. 6 (area 5 decimal) (property in dispute) situate at mauza Mahadev Jharkhandi Tukda Number-1 (Kudaghat Peepaldada) Tappa and Pargana Haweli, Tehsil Sadar, Gorakhpur. It was alleged that as property in dispute was abutting the road, defendants with a view to obtain forcible possession of the same, plaintiff invoked the proceedings under section 41 of the U.P. Land Revenue Act for demarcation, which came to be decided on 24.1.1979 and the said plot was demarcated. It was alleged that around 2 years prior to the suit, defendants unauthorizedly erected a tin-shed on the northern side of the road of plot in dispute, but on account of paucity of funds, plaintiff could not then initiate appropriate proceedings, but as defendants were threatening from raising further constructions, hence the suit and defendants also raised constructions during the pendency of suit, hence by an amendment, plaintiff also sought a relief of demolishing the same. The defendants contested the suit denying the ownership of plaintiff over the plot in dispute, i.e., Arazi No. 6. It was stated that the said property belonged to Vipat son of Sahtu and Munna Lal son of Kanhai and as they werein need of money, hence they sold 1/2 properly of Arazi No. 2 measuring 12 decimal in favour of defendants by a registered sale-deed on 1.4.1977 and since then defendants are in possession thereof. The Trial Court decreed the suit for injunction but dismissed for demolition. The appeal filed by plaintiff has been dismissed.