(1.) -
(2.) THIS is a plaintiff's appeal against the decree and judgment dated 19-4-1977 rendered by the Addl. Civil Judge, Kanpur, dismissing the suit, filed by the plaintiff appellant for the relief of permanent injunction restraining the defendant from taking possession of plot no. 535 and 510/2, area 1 bigha comprising premises no. 81-A, situate in village Mohsinpur Distt. Kanpur.
(3.) THE trial court framed a number of issues and held that no oral undertaking was given to the plaintiff nor the same was binding on the defendants. It has been further held that as the certified copy of the judgment of this court dismissing the writ petition was not filed hence the suit was not barred by res-judicata, now it was barred by time, the land was not allotted by the Gaon Sabha in favour of the plaintiff nor the plaintiff has any cause of action against the Nagar Mahapalika, the plaintiff was a trespasser and as such the suit has been dismissed by the trial Court. Present first appeal has been filed by the plaintiff to set aside the judgment and decree passed by the trial court and to decree the suit.