RAM VILAS Vs. NORTH EASTERN RAILWAY, GKP

JUDGEMENT

(1.) HEARD , Sri Arun Kumar, learned counsel for the appellant, and Sri Govind Saran, learned counsel for the respondent and Mohd. Isa Khan for respondent nos. 4 and 5.

(2.) THIS second appeal is preferred against the judgment and decree passed by 5th Additional District Judge, Gorakhpur, dated 25.9.1997 passed in civil appeal no.60 of 1994, arising out of original suit no.635 of 1981, decided vide order dated 28.7.1994.

(3.) THE brief facts which give rise to this appeal are that plaintiff appellant, hereinafter called 'the appellant' filed his original suit no. 635 of 1981 against the defendant -respondent, hereinafter, called 'the respondent' for the relief of permanent prohibitory injunction as per the allegations contained in the suit. The plaintiffs alleged himself to be the Seerdar of property in dispute with the allegations that they are cultivating the disputed land after the abolition of U.P. Z.A. and L.R. Act and they are in possession over the same. Their houses and other constructions are over the property in dispute and they are the owner of the same. Originally, the disputed land belonged to Krishi Udyog Ltd. Gorakhpur and Pipraich sugar Ltd., Gorakhpur.