BANKEY SINGH Vs. RAM SABAD SINGH

JUDGEMENT

(1.) THIS is a defendant's appeal in a suit for perpetual injunction restraining the defendant from interfering with the peaceful possession of the plaintiff over the plots in suit, in the alternative prayer for delivery of possession was also made.

(2.) THE plaintiff's case in brief was that prior to the abolition of zamindari the second defendant Mst. Phulesara was the occupancy tenant of the plots in suit. She deposited ten times of the rent and became Bhumidhar of the plots in suit. She executed a sale deed in favour of the plaintiff on March 10, 1954 and put the plaintiff in possession over the plots in suit. THE plaintiff alleged that on the basis of wrong entries made in favour of defendant No. 1 he was interfering with the peaceful pos-session of the plaintiff, hence the suit.

(3.) THE defendants preferred an appeal against the above decision and the learned Additional Civil Judge, Azamgarh, affirmed both the findings of the trial Court and maintained the decree of that Court.