BAL KRISHNA LOHIA Vs. RADHA DEVI

JUDGEMENT

(1.) -HEARD learned Counsel for the parties.

(2.) THIS is plaintiff's writ petition.

(3.) PLAINTIFF petitioner filed O. S. No. 200 of 1996 against Bal Mukund respondent No. 3, Anil Kumar, respondent No. 4 and Rameshwar Das (since deceased and survived by respondent Nos. 5 to 11 ). Relief claimed in the suit was for eviction of the defendants from the house in dispute. It was alleged that defendants were licensees. It had further been pleaded in the plaint that house in dispute was purchased through registered sale deed dated 16. 4. 1927 by the father of the plaintiff. Defendants were sons of the descendants of Shiv Chand real brother of plaintiff's father. Defendants pleaded that house in dispute was joint Hindu family property. Their version was disbelieved by the trial Court/civil Judge Senior Division,, Mirzapur, which decreed the suit on 28. 5. 2002. Appeal filed against the said judgment and decree was also dismissed on 18. 10. 2003. Against the said judgment and decree, Second Appeal No. 69 of 2003 was filed which was also dismissed by this Court on 10. 8. 2004.