PARMESHWARI Vs. BISRAM

JUDGEMENT

(1.) THE defendant -appellant has preferred this Second Appeal against the judgment and decree dated 28.1.1976 passed by Sri S.N. Mishra, Additional District Judge, Basti arising out of O.S. No. 266 of 1966. Plaintiff filed the suit for permanent injunction restraining the defendant from interfering in the possession of the land marked with letters ABEF, which is a portion of plot No. 150 and also restraining him to amalgamate the said portion of land in his plot No. 149. In the alternative, the plaintiff has also sought the relief of possession over that land.

(2.) ADMITTEDLY the Chak No. 150 belongs to the plaintiff and Chak No. 149 belongs to the defendant and their aforesaid plots were duly demarcated during the consolidation proceedings. The plaintiff has sown crops in his chak No. 150. The defendant with illegal motive, started demarcation proceedings of plot No. 149 which is still pending However, in the demarcation proceedings, initiated by the defendant, the Amin wrongly reported for fixing the land ABEF, which is a portion of Plot No. 150, in Plot No. 149 of the defendant and the defendant wrongly got the stones affixed at points B and E and it was done some time in the month of August when the crops were standing. It is a case of the plaintiff that the land ABEF were never in the portion of Plot No. 149, the same happens to be a portion of Plot No. 150 which absolutely belongs to the plaintiff.

(3.) BOTH the trial court and the first appellate court held that the plot No. 150 belongs to the plaintiff and the disputed plot was a portion of plot No. 150 and they were pleased to hold that the suit was maintainable. It is not barred under Section 331 of U.P. Zamindari Abolition and Land Reforms Act and the suit was decreed by the learned trial court and the appeal preferred by the defendant was also dismissed.