MADHO (DEAD) AND OTHERS Vs. SHEODHAR AND OTHERS

JUDGEMENT

(1.) The present second appeal has been instituted by appellant Vishnu and legal representatives of appellant Madhav. After the death of Madhav his legal representatives have been impleaded in this appeal. The original suit had been instituted by Madhav and Vishnu in Munsif Court, Azamgarh. The trial Court dismissed the plaintiff's suit for mandatory injunction and possession and aggrieved by the said judgment the plaintiffs appellants preferred appeal before Civil Judge, Azamgarh. The second Additional Civil Judge, Azamgarh dismissed the plaintiff's appeal by its judgment dated 21-2-1986. Aggrieved by both the Judgments, plaintiffs appellants instituted the present second appeal.

(2.) The essential facts for adjudication of appeal are as under:

(3.) The defendants contested the suit by filing written statement denying the allegations made in the plaint and alleged that the land in suit is appurtenant to their house as sahan land, the door of the defendant opens over the said land and the disputed land has vested in the defendants under Sec. 9 of Zamindari I Abolition Act and the plaintiffs have no right over the said land.