AKBARI BEGUM Vs. MUNICIPAL BOARD AND ORS.

JUDGEMENT

(1.) This is a plaintiffs appeal from order of the lower appellate court under order 43 Rule I (4) of the Code of Civil Procedure.

(2.) Shorn of unnecessary details the plaintiff appellant has claimed certain piece of land as her property and has alleged that Municipal Board, Rampur has brodened the road and in that connection has constructed a Nali whereby it has encroached upon the land of the plaintiff appellant.

(3.) The defendant Municipal Board has taken a plea that plot no. 8693 did not belong to the plaintiff if and that she had no interest in the land over which the disputed Nali exists. The trial court framed necessary issues arising out of the pleadings of the parties and decreed the plaintiffs suit as is evident from the judgment of the trial court dated 28-2-1978. Aggrieved by the judgment of the trial Court the defendant respondent had preferred an appeal which was allowed by the lower appellate court and the case had been remanded back to the trial court for fresh decision in the light of the discussions in.the impugned judgment before this court.