GYANWATI Vs. SARSETI DEVI

JUDGEMENT

(1.) The plaintiff-respondent filed a suit bearing No.181 of 1981; Shiv Das Vs. Ram Pratap and Others, for permanent injunction against the defendant-appellants alleging that he is residing in the Village- Bhairavpur since the time of his ancestors and in the house of his ancestor. The land in dispute situated in the east of the house of the plaintiff marked as A B C D in the site plan was obtained by him through Ijazatnama dtd. 21/5/1947 from the defendant no.3 in the suit namely Avdhesh Pratap Singh; the then Zamindar. Thereafter he constructed mud house (Kachha Makan) on some portion, which fell in the flood of 1955. However, he is using the land in dispute as his abadi and raised a wall of bricks in the year 1977 and constructed a room with tin shed on the southern side of the land in dispute and filled the plinth on the northern side. The house and shop of the defendant nos.1 and 2 are at a distant place from the said place.

(2.) It has further been alleged that the plaintiff is in possession on the land in dispute since prior to 1947, therefore he has got the title on the same under Sec. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (here-in-after referred as the Act of 1950). The defendants are threatening to make the possession on the land in dispute.

(3.) It was also alleged that the defendants had got a Regular Suit No.269 of 1978 filed against the defendants and some other persons by the defendant no.3 in regard to the land in dispute and the adjacent lands. In the said suit the plaintiff had got himself impleaded by making an application but the defendant no.3 made a compromise with the defendants of the said suit and got the name of the plaintiff deleted from the array of the parties and accordingly got the suit decided, on account of which the defendants morals are high in this regard. With the aforesaid pleas/ allegations the suit for permanent injunction was filed.