MAHESH PRASAD Vs. HIRA DEVI SHIKSHA SAMITI

JUDGEMENT

(1.) HEARD Sri M.A. Khan, Senior Advocate assisted by Sri Mohinuddin Khan, learned Counsel for the appellant and Sri Ravi Shankar Tewari, learned Counsel for the respondents. This is the defendants second appeal by which he has challenged the judgment and decree dated 20.2.2008, passed by Additional District Judge, Court No. 1, Lucknow and judgment and decree dated 9.8.1999, passed by Civil Judge (Junior Division), Lucknow.

(2.) FACTS giving arise to the dispute are that the plaintiff Hira Devi Shiksha Sa- miti through its President, Sri Radhey Shyani Gupta had purchased a plot No. 663 situated at Abadi Mohalla Itaunja, Pargana Mahona, Tehsil Malihabad, district Lucknow, through a registered sale-deed executed on 1.9.1977 by Sri Bhanu Pratap Singh, the authorized agent of Rani Damyanti Kaur, the owner in possession of the said plot for use by Hira Devi Shiksha Samiti Girls School, Itauja and after purchasing and taking possession of the said plot, the plaintiff started digging foundations for erecting boundary of the plot purchased on 5.9.1977 also trying to interfere with the possession of the plaintiff from using the land, as such the plaintiff having no other opinion but to file a suit for permanent injunction.

(3.) WHETHER the plaintiff has been the owner in possession of property consisting in plot No. 665 and so he is entitled to obtain the relief on permanent injunction?