RAJA TIWARI Vs. RAM LAL TIWARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional Civil Judge, Ghazipur dated 20th April, 1961 in Civil Appeal No. 458 of 1960 Raja Tewari v. Ram Lal Tewari and others, whereby the judgment of the trial court in suit No. 62 of 1959 Raja Tewari, Plaintiff v. Ram Lal Tewari and others, Defendants stands confirmed.

(2.) THE brief facts of the case giving rise to this appeal are that the plaintiff alleged to be sirdar in possession of the disputed plots Nos. 1050 and 1051. He alleged that in plot No. 1050 a Mahuwa tree had been planted by his great grand-father with the permission of the Zamindar and he continued in possession over the same all along, and that the defendants or their ancestors had no concern with the tree and they wrongly threatened to use the usufruct of the tree. THE plaintiff further alleged that the defendants had filed a case against the uncle and brother of the plaintiff in the Panchayat Adalat and it was unlawfully decided by the Panchayat Adalat and as such the defendants became courageous and wrongfully tried to interfere with the possession of the plaintiff over the said Mahuwa tree and they did not abstain from disturbing the possession of the plaintiff, hence the suit for perpetual injunction against the defendants restraining them from interfering with the use of the usufruct of the Mahuwa tree situated in the disputed plot No. 1050. A further relief was also claimed that the defendants be restrained from cutting the tree and from giving any threatening to the plaintiff in respect of the tree as well as a prayer for possession was also made in case the plaintiff was found out of possession over it.

(3.) AGGRIEVED by the decision of the trial court the plaintiff preferred an appeal which was dismissed by the lower appellate court by its judgment dated 20th April, 1961.