AAFTAB AHMAD Vs. MOHD SOYEB

JUDGEMENT

(1.) Heard Sri Sankatha Rai Advocate, assisted by Sri Vinod Kumar Rai, Advocate, counsel for the appellant and Sri K.N. Rai, learned counsel for the respondents.

(2.) This is defendant's appeal. The plaintiff-respondents filed a suit No. 439 of 1982 against the appellant for a relief of possession over the house shown by figures 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 in the plaint. By way of amendment, relief of damages at the rate of Rs. 200.00 per month from 15.9.1982 till the date of possession was also claimed. The appellant filed his written statement on 9.3 1987 disputing each and every allegations in the plaint. The Munsif West, Ballia vide judgment dated 10/8/1994 decreed the plaintiff's suit for relief of possession but dismissed the claim of damages. The appellant filed Civil Appeal No. 87 of 1994 and plaintiffs filed his cross objection. The Additional District Judge, Ballia vide judgment dated 26/11/2001 dismissed the appeal and cross objections.

(3.) The dispute is between the family member in respect of the house shown in the plaint. The admitted pedigree of the parties is detailed below :- <IMG>JUDGEMENT_195_CCC1_2006Image1.jpg</IMG>