ABDUL Vs. ABDUL RAZZAQ

JUDGEMENT

(1.) THIS is a Second Appeal against tile judgment and decree, dated 24 -11 -1965, passed by Sri R.A. Singh, Additional Civil Judge, Deoria, dismissing the Appellant's appeal, after confirming the decree of the trial court.

(2.) THE suit giving rise to this appeal was filed by the Plaintiffs Respondents against the Defendant Appellant oh the allegations that the Plaintiffs were the sirdars of plot No. 593 of an area of 1.11 acres and plot No. 629 of an area of .70 acres, while the Defendant Appellant was the owner of plot No. 606 of an area of .55 acres. In the settlement of 1915 -16, the area of plot No. 593 was wrongly shown as .70 acres, while the area of plot No. 606 was wrongly shown as .99 acres. On the motion of the Defendants, the revenue court corrected the map according to Khasra entry which was wrong. On the basis of the above entries ordered by the revenue court which was illegal, the Defendants wanted to encroach upon the Plaintiffs' field; hence the suit for a declaration of the Plaintiffs' ownership as sirdars and for a permanent injunction restraining the Defendants from interfering with the Plaintiffs' possession.

(3.) THE trial court after taking the evidence of the parties came to the conclusion that the Plaintiffs were the owners in possession of the disputed plots and the area of the Defendants shown in plot No. 606 was wrong. It further held that it had jurisdiction to try the suit. On the above finding, the Plaintiffs' suit was decreed,