(1.) THIS is a Plaintiff's appeal in a suit for possession over two trees alleged to be on the western boundary of plot No. 1051 of village Kurey, district Kanpur.
(2.) THE Plaintiff's case in brief was that these two disputed trees stood on the Mend of plot No. 1051 as such after the abolition of zamindari these two trees vested in the Plaintiff and since the Defendant had wrongfully taken the fruits thereof he might be allowed possession over the trees and Rs. 100/ - as damages in respect of the fruits of the trees utilised by the Defendant.
(3.) ON the pleadings of the parties relevant issues were framed by the trial court and in the trial court successive commissions no less than six were issued to prepare the map but as chance would have it all the maps were rejected except the last one. So far as the last map is concerned there was yet a supplementary report and the map prepared was accepted by the trial court. According to the last supplementary report of the Commissioner out of the two trees one tree lay in plot No. 1052 and a small portion lay in plot No. 1051, It was in these circumstances that after the preparation of the various maps that the trial of the case started. Oral evidence was led by the parties who supported their respective cases. Oral evidence of the Plaintiff was held to be unreliable and was discarded by the trial court and the trial court also held that the two trees that were in dispute did not lie in plot No. 1051 as such the Plaintiff's suit was dismissed.