RAM CHANDRA PRASAD SRIVASTAVA Vs. KALIKA

JUDGEMENT

(1.) PRESENT second appeal is against the order of the IInd additional District Judge, Ballia dated 30th March, 1977 arising from the suit no. 331 of 1969.

(2.) PLAINTIFFS-APPELLANTS filed the suit for permanent injunction restraining the defendants-respondents from causing any interference in the plaintiffs possession over the disputed house. It was claimed that the house was ancestral property and was in possession of the plaintiffs and without the partition, defendants-respondents were raising the construction. The Trial Court vide order dated 13th March, 1976 dismissed the suit with costs. It has been held that the plaintiffs have no share in the disputed premises and the disputed house was not the ancestral property of the plaintiffs and it was the self acquired property of defendant No. 4 only. It was also observed that the land over which the baithaka which is in dispute has been constructed formerly belonged to maharaja Dumraon from whom it was acquired by defendant No. 4, who subsequently constructed the house over the same from his self acquired funds. It has been observed that the plea of the defendant was supported by the statements of the witnesses and also by the evidences. The plaintiffs-appellants filed civil Appeal No. 130 of 1976, which has been dismissed with costs. The appellant authority recorded the following findings:-

(3.) THE present appeal has been admitted on substantial question of law arises from ground Nos. 2, 3 and 5 which reads as follows:-