ABDUL RAUF KHAN Vs. ABDUL SAMAD

JUDGEMENT

(1.) This is plaintiff's second appeal, which arises out of a suit for permanent injunction and is directed against the judgment and decree dated 19.8.1998 passed by IInd Addl. District Judge, Bahraich.

(2.) It appears that the plaintiff-appellant filed a suit for permanent injunction prohibitory and mandatory. It was pleaded that the land in dispute (plot No. 771 measuring. O48 hectare) was allotted to him by the Land Management Committee of Gram Sabha on 24.8.1977, he was, on the basis of the said allotment, owner in possession of the land in dispute but on account of his poverty, he could not construct his residential house on the land in dispute that the defendants have forcibly occupied the land in dispute. Plaintiff asked the defendants to vacate the land in dispute ; but in vain, hence the suit.

(3.) The suit was contested by the defendants-respondents who have denied the plaintiffs claim. It was pleaded that the plaintiff had no right to file the suit as he was neither the owner nor in possession of the land in dispute. There existed more than 35 years old house of the defendants on the land in dispute. It was pleaded that land in dispute was never auctioned, no resolution was ever passed by the Land Management Committee, no allotment of the same was made in favour of the plaintiff, and that alleged allotment was never approved by the competent authority. Receipt relied upon by the plaintiff and alleged to have been issued by the Pradhan of the village, was a forged document. Certain other technical and legal pleas regarding limitation, bar of Section 34 of the Specific Relief Act, etc. were also taken.