DASHI Vs. SRIKANT AND ANOTHER

JUDGEMENT

(1.) Heard Sri S.K. Lal, learned counsel for the appellant.

(2.) This is an appeal under Section 100 of Code of Civil Procedure (hereinafter referred to as 'C.P.C.') filed by the appellant (plaintiff in the original suit) against the impugned judgment and decree dated 12.12.2002 passed by learned District Judge, Banda in Civil Appeal No.87 of 2001 whereby the appeal filed by the appellant against the judgment and decree dated 24.7.2001 passed by learned Civil Judge (J.D.), Atarra, Banda, was dismissed.

(3.) Succinctly stating the facts as set out in the present appeal are that the appellant/plaintiff filed a suit for injunction bearing Original Suit No.560 of 1993 restraining the respondents from interfering in his possession on the disputed land, shown by letters "Aa, Ba, Sa and Da" in the site plan, situated in Vill. Khamhaura, Tehsil Atarra filed alongwith the plaint. It was alleged by the appellant that Bhoomi Prabandhak Samiti, Khamhaura had issued a Patta in respect of 3.5 Biswa land in favour of the appellant on 29th February, 1966, the appellant had constructed thereon. It was also alleged by the appellant that in the year 1993, the house fell down in the rainy season and when the appellant wanted to reconstruct the same, the respondents raised objection. Hence, the appellant filed the suit for injunction.