SHALL KUMARI Vs. ABHILAKH

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a Second Appeal filed by the plaintiff against the judgment and decree dated 22-7-83 recorded by the then IVth Addl. District Judge, Mirzapur in Original Suit No. 84 of 1978 of the Court of Munsif, Mirzapur. The learned appellate court concurred with the findings of the learned trial court and held that the plaintiff had no title nor she was in possession over the disputed plot. Therefore, the suit has been rightly dismissed.

(2.) ORIGINAL Suit No. 85 of 1978 was filed by the plaintiff Smt. Shail Kumari for a permanent injunction and in alternative, for possession. Her main allegations were that plot No. 291, area three bighas wholly belonged to Ram Prasad, s/o Musai, who was a Sirdar and had acquired Bhumadhari rights over the same. He executed a registered sale deed in favour of the plaintiff on 29-7-74 and thereafter, the plaintiff has been in peaceful possession. The defendants started interferring in her possession. Therefore, a suit was filed for the aforesaid reliefs.

(3.) HOWEVER, on account of the finding on the question of title and possession, the suit was dismissed on 16-5-80.