BHABHUTI Vs. BASANT LAL

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record as available on the file.

(2.) The instant second appeal has been filed by the defendant-appellants against the judgment and decree dated 02.07.1979 passed by I-Additional District Judge, Jaunpur, in Civil Appeal No.141 of 1976 whereby the lower appellate court allowed the appeal setting aside the judgment and decree dated 23.02.1976 passed by the trial court in Suit No.219 of 1974 and decreed the suit.

(3.) The facts of this appeal, as emanate from perusal of the record appears to be, that the plaintiffs Basant Lal, Madan Lal and Subas Chandra sons of Gaya Prasad instituted the suit for permanent prohibitory injunction restraining the defendants Babhuti @ Chiragan, Rang Nath, Omkar Nath and Babul Nath from interfering in the peaceful use and possession of the disputed Abadi land shown and marked by letters "A, B, C & D' at the foot of the plaint map, situate at Mauja (Village) Sumeri, Pargana Gopalapur, District Jaunpur. As per plaint version, there was house and Sahan of one Guru Prasad on the disputed land which was long from north south and broad from east west having Sahan towards east. After demise of Guru Prasad, his property was inherited by his successor Beni Madho, Govind Madho and Shyam Madho and they became owner in possession of the entire property. The said house (of Guru Prasad) was very old, therefore, it gradually fell prior to 3-4 years and was converted into Khandhar (dilapidated) but Beni Madho and others were owner in possession of the said Khandhar (dilapidated) and Abadi land. Beni Madho and others executed a registered sale deed in favour of the plaintiffs on 12.04.1973 for a sum of Rs.400/- and handed over the possession of the said Khandhar (dilapidated) and Abadi land to the plaintiffs.