VISHWANATH Vs. SULTAN

JUDGEMENT

(1.) THE plaintiff filed a suit far demolition of the construction raised by the defendant on the plot in question and also prayed for possession and for a permanent injunction restraining the defendants from interfering in the possession of THE plaintiff over the plot in dispute. THE plaintiff alleged that they had purchased the plot from the respondent Nos. 4 to 7 vide a registered sale-deed 20.7 07 and that the defendant Nos. 1, 2 and 3 forcibly occupied the premises and placed three chapper on the land in question.

(2.) THE defendants resisted the suit and submitted that they had been in possess ion of the plot from the lime of their ancestors and that the construction on the plot is not a new one and that it was in existence since the lime of their ancestors. THE defendants further submitted that the disputed land was excluded by them from the scheme of consolidation before the Consolidation Authority and that the plot now assumed the character of an abadi. THE defend ant further submitted that the defendant Nos. 4 to 7 had never been in possession and had no right to execute the sale-deed in favour of the plaintiff. THE defend ant further contended that they are the members of THE Scheduled Tribe, and therefore, the land was deemed to be settled with them under Section 123(2) of the U.P. Z.A and L.R Act THE defendants, in the alternative, further pleaded that THEy had perfected their rights by adverse means.

(3.) THE defendants, being aggrieved have filed the present second appeal which was admitted on the following substantial question of law, namely: "A Whether rights conferred under Section123of the U.P. Zamindari Abolition and Land Reforms Act 1950 was available to the appellant and that the appellant was entitled for protection?"