JAI NARAIN Vs. RAM NARAIN

JUDGEMENT

(1.) This is defendant's second appeal arising out of suit for declaration, permanent injunction and possession in respect of a piece of land measuring 20' x 6'' north south and 13' x 10'' east west. The trial Court dismissed the suit. On appeal by the plaintiff, the suit has been decreed by the learned District Judge, Mirzapur. Hence the second appeal.

(2.) Briefly, the plaint case was that one Amresh Chand Pandey, the admitted owner and Zamindar of the land granted a piece of land measuring 45' x 6" north south and 13' x 10" east west on parjawatdari (license) on payment of Re. 1/- annually in June 1956 in favour of the plaintiff. The license was granted to the plaintiff with a right to construct a house thereon. In pursuance of that licence, the plaintiff constructed a pacca house over a substantial part of the land granted to him. He wanted to construct over remaining part of the land also and with that end in view foundation was laid, for the same but the same was left unbuilt by the plaintiff and is being used as his sehan appurtenant to the house constructed by him. In the year 1971, however, the Zamindar and his co-sharers granted a lease in favour of the defendant, who started interfering with the plaintiff's possession, which led to the initiation of proceedings under S.145, Cr.P.C. in the Court Which the defendant found to be in possession over the vacant land referred to above immediately prior to the date of attachment under that provision. Hence the suit.

(3.) The suit was contested on the ground that the defendant was in possession under valid lease granted to him by the Zamindar. The plaintiff did not derive any right, title or interest over the land in question and that the licence, if any, granted in favour of the plaintiff stood revoked in consequence of the lease granted in favour of the appellant.