SANT LAL & ANOTHER Vs. CHHAKAURI RAM GUPTA

JUDGEMENT

(1.) Heard Sri Satyendra, Advocate, for appellants and Sri Anil Sharma, Advocate, for respondents.

(2.) This is defendants' appeal under Sec. 100 of Code of Civil Procedure (hereinafter referred to as ''CPC '') arising from judgment and decree dated 18.09.1999 and 25.09.1999 respectively passed by Sri R.P. Mishra, Judge, Small Causes/Civil Judge (Senior Division), Gorakhpur in Civil Appeal No. 202 of 1991 whereby Lower Appellate Court (hereinafter referred to as ''LAC '') has allowed plaintiff respondent's appeal, set aside Trial Court's judgment dated 23.10.1991 and decreed the suit by directing defendants -appellants to remove construction shown in Amin's report 78Ga and Map 79Ga with alphabets "v c l n" within three months and hand over possession of land to plaintiff -respondent failing which plaintiff shall be entitled for delivery of possession through Court.

(3.) Plaintiff, Chhakauri Ram Gupta, son of Ram Lal Gupta instituted Original Suit No. 507 of 1983 vide plaint dated 16.03.1983 in the Court of Additional Munsif' -I, Gorakhpur, praying for grant of mandatory injunction directing defendants -appellants not to interfere in the possession of plaintiff on the disputed land, shown in the map, at the bottom of plaint, as "v c l n" and also refrain them from dispossessing plaintiff from the said land.