SHYAM NARAIN AHIR Vs. GANESH RAI

JUDGEMENT

(1.) THIS is a second appeal by the defendants against the judgment and decree of the Civil Judge, Ghazipur, by which he confirmed the decree passed by the Munsif in favour of the plaintiff-respondent No. 1.

(2.) THE allegations of the plaintiff-respondent were that he was an occupancy tenant of the plots in question prior to the abolition of Zamindari and had become Sirdar afterwards, that the defendants-appellants and defendant-respondent No. 2 had no connection with the land in question, that in 1358 Fasli, their father had forcibly taken possession of a part of plot in question but he had been dispossessed in a suit filed by him under section 180 of the U. P. Tenancy Act by a decree passed on 16-7-1941, that later these appellants somehow manipulated their names in the Patwari papers, that on knowing about the same he moved an application for correction but the same was dismissed and so he had to file the suit. He prayed for an injunction to restrain the apoellants from interfering with his possession or in the alternative for possession if the court found that he was not in possession.

(3.) ON appeal the learned lower appellate Court affirmed the findings of the learned Munsif on all the points and so dismissed the same. Thereafter, the defendants filed this second appeal in this Court. They challenged the findings of the courts below and contended that they have taken an erroneous view of the facts and law.