SYED MUKHTAR HUSAIN Vs. SHABAN ALI AND OTHERS

JUDGEMENT

(1.) This is the plaintiff's second appeal against the Judgment and Decree dated 24.07.1979 passed by the learned 1st Additional District Judge, Bahriach affirming the judgment and decree dated 17.11.1978 passed by the learned Munsif, Qaiserganj, Bahraich.

(2.) The facts giving rise to this appeal are that the plaintiff-appellant has filed a suit for demolition and possession. The plaintiff-appellant claimed that Smt. Shabbir Begum and Sayyed Shekar Husain were originally the owners of a house which was in the form of a Khandahal. They sold away the same to the plaintiff-appellant on 06.07.1972 by means of a registered sale deed. It was alleged that the main door of the house was towards the west and thereafter, there was a way. The plaintff-appellant claimed to be the owner and occupant of the land in suit on the basis of the sale deed dated 06.07.1972. It was alleged that the house of the defendant-respondents was there towards the west of the land in suit. The defendant-respondents unlawfully wanted to occupy the land in suit. They constructed walls over the land shown by letters F G H I and J K L M. It was alleged that the defendant-respondents intended to construct pukka walls over the land in suit. Hence the suit.

(3.) The defendant-respondent Sri Shabaan Alia filed a written statement wherein it was pleaded that the defendants' nephews Halim and Chunna were the owners and occupants of the land shown by letters J K L M. They wanted to make constructions thereon. The defendant-respondent pleaded that he was the owner and occupant of the land shown by letters F G H I. It was pleaded that the plaintiff-appellant had no right title or interest over the land in suit. The suit filed by the plaintiff-appellant was pleaded to be misconceived and sought to be dismissed.