RAM DULAREY Vs. SHIV MANGAL

JUDGEMENT

(1.) This is the defendant's second appeal against the Judgment and decree passed by Sri S. B. Lal, the then Munsif Dalmau District. Rae Barely whereby the Suit No. 127 of 1976 for permanent Injunction was decreed and which decree was affirmed by Sri Y. R. Tripathi, the then Civil Judge, Rae Barell in Suit No. 80 of 1977 by means of the judgment dated 27.8.1979.

(2.) The dispute between the parties related to the land shown by letters P, Q, R, D, in Commissioner's map 16C 2/4. According to the plaintiff-respondent, on the said land he has a bangla and chhapper for more than 50 years which was being used by the plaintiff-respondent continuously. It was pleaded by the plaintiff-respondent that proceedings under Section 115C of U. P. Z. A. and L. R. Act were initiated against him by the Gaon Sabha which terminated in his favour. Subsequently, Gaon Sabha had executed a patta of 1 biswa land of plot No. 143. The defendant-appellant in the garb of the said patta has been allegedly threatening to dispossess the plaintiff-respondent from the property shown by letters P, Q, R, D in dispute between the parties.

(3.) Learned Munsif after considering the evidence led by the parties, came to the conclusion that the plaintiff-respondent was owner and in possession of the disputed property for a long time. He also came to the conclusion that the contention of the defendant to the contrary was not correct. The said suit was, therefore, decreed by the learned Munsif.