CATHOLIC DIOCESE OF GORAKHPUR Vs. BHOLA DECEASED

JUDGEMENT

(1.) This is defendants' second appeal arising out of nonconcurrent judgments. The Original Suit No. 307 of 2011 (Bhola v. DIOCESE and another) was dismissed by the trial court, however, the Civil Appeal No. 37 of 2011 filed by the plaintiff respondents has been allowed by the First Appellate Court and, consequently, the suit has been decreed.

(2.) The aforesaid suit was filed stating that the plaintiff was Bhumidhar in possession over plot No. 26 measuring 93 decimals situated at Mauza Jangal Salikram, District Gorakhpur. A statement No. 3234 filed by him before the Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976 was pending and when the defendants, 1.5 months prior to institution of suit, started encovering the land by raising constructions of boundary wall and the plaintiff objected to the same, the defendants threatened him to raise constructions of a hospital over the land. It was alleged through amendment that a lease deed was said to have been executed by defendant No. 2, (State of U.P.) in favour of defendant No. 1 (appellant herein), though the State had no right to execute a lease. Further pleading was that the land of the plaintiff had not been declared vacant and, consequently, a decree was prayed for directing the defendants to remove constructions raised over the portion marked by letters "v] c] l vkSj n" in the plaint map and deliver possession of the land to the plaintiff and, on their failure to do so, possession through process of the Court be delivered and the lease deed be also cancelled. Further, a decree restraining the respondents from raising any constructions over the land bearing No. 26 measuring 93 decimals was also claimed.

(3.) The Original Suit was initially filed against the DIOCESE of Gorakhpur, i.e., the present appellant only. The plaint was, later on, amended and averments were added based upon the lease deed filed by the defendant appellant before the trial court asserting rights in the land in dispute in its favour. Pursuant to an order dtd. 19/2/2001, State of U.P. through District Magistrate, Gorakhpur was impleaded as defendant No. 2. The relief No. v was amended incorporating a prayer for cancellation of the lease deed too.