SUBODH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This is plaintiff's appeal under Sec. 96 of Code of Civil Procedure (hereinafter referred to as 'CPC') arising from judgment dated 08.04.2008 and decree dated 15.04.2008 passed by Sri Hetram, Additional District Judge, Court No. 3, Bulandshahr in Original Suit No. 163 of 2000 whereby Court below has dismissed the suit.

(2.) Plaintiff-appellant Subodh Kumar (hereinafter referred to as 'appellant') instituted aforesaid suit in Court of Civil Judge (Senior Division), Bulandshahr vide plaint dated 23.02.2000 seeking a declaratory decree that he is owner of property situate at Bulandshahr City, and, shown in the map appended to plaint, as ABCD, and boundaries whereof are mentioned at the bottom of plaint. Plaintiff also prayed for a decree of mandatory injunction directing defendants/respondents to remove 'malba' of standing building at disputed land within the time as provided by Court, failing which Court should direct for removal of 'malba' from such agency as it deems fit, and, get disputed land vacated.

(3.) Plaint case set up by appellant is that Ram Sukh Das, son of Sri Moti Ram, a predecessor in interest of appellant was in possession of disputed property as 'owner', being a Revenue Free Grantee ('maafi dawam'). Disputed land bears gata no. 980, area 10 bigha, 2 biswa under 'Kari' settlement. District Bulandshahr was formed in 1932. For maintaining law and order in District Bulandshahr, the then Government planned to construct a District Jail and on request of Government, Ramsukh Das, predecessor of appellant, permitted the then Government to construct District Jail and 'Phansighar' at disputed land. Consequently with permission of Ramsukh Das, a District Jail and 'Phansighar' was constructed on the land in dispute in 1835 and the then Government started use thereof. Permission was granted only for establishing District Jail and 'Phansighar' and not for any other purpose.