RAM PRASAD Vs. LAKSHMI NARAIN MISRA

JUDGEMENT

(1.) R. K. Mahajan, J. This appeal against the judgment and decree of Shri J. B. Singh, Vth Additional District Judge, Al lahabad dated 10-2-1984 by virtue of which he confirmed the judgment and decree dated 20-1-1983 passed in Original Suit No. 286 of 1980. The lower court granted a decree regarding demolition of construc tion in dispute. This appeal has arisen from the following facts.

(2.) ONE Laxmi Narain Misra purchased a piece of land out of plot No. 175/2 measur ing 11 Dhur owned by one Raj Bahadur through sale-deed registered on 4-8-1975. There was already construction in an area of 4 "dhur. " Plaintiff-respondent also started new construction i. e. new house in an area measuring 6 "dhur". He has left an area of one Dhur for the purpose of lane. If also appears that Shri Rai Bahadur also sold a piece of land out of this plot on 31-3-1979 to Smt. Aranti Devi. She alsa subsequently purchased a piece of land lying in the west of the said house from the same owner on 31-12-1979. The total area as described in the plaint and denoted by Khasra No. 175/1 is 8 Biswa.

(3.) THE trial court was also of the view that Smt. Aranti Devi or her husband has not appeared in support of the averment and which was a very much material to throw a light on the case. This is how the present Second Appeal has been filed.