RAMESHWAR AND OTHERS Vs. RAM KUMARI AND OTHERS

JUDGEMENT

(1.) The present second appeal has been filed against the judgment and decree dated 15.5.2009 passed by Second Additional District Judge, Kheri in Civil Appeal No. 26/06, (Rameshwar and others Vs. Smt. Ram Kumari and others) and also against the judgment and decree dated 31.5.2004 passed by the Civil Judge (J.D.), Mohammadi, District Kheri, in Original Suit No. 39/1994 (Smt. Ram Kumari and others Vs. Rameshwar and others) .

(2.) In brief the facts which is involved in the present second appeal are to the effect that plaintiff respondent had filed a suit for permanent injunction and eviction against the defendant appellants claiming therein that they were the owner in possession as Bhumidhari of gata no.2318 situated in Gola under Nagar Mahapalika, Gola, District Kheri where they had set up boring for irrigation, had their hut and four trees of eucallyptus and one Neem tree. The defendants have nothing to do with No.2318 and towards east of 2318 is Gata No.2317 were Abadi of Jahanpur is situated and the house of defendants are situated in 2317. On 10.3.1994 in absence of plaintiffs without any right defendants extended their land towards west and put their thatched house on southern part of the plaintiffs' land and are further trying to take possession of the remaining land, hence suit.

(3.) The defendants appellants thereafter filed therein a written statement denying the contents taken by the plaintiffs defendants in their suit by way of pleading but admitted that plaintiffs are owner of Gata No.2318 as Bhumidhar and are still in their possession and defendants had neither taken possession over plot no. 2318 nor they wanted to take possession of it. It is further stated that southern houses are situated on Gata No.2317 in which houses of Rameshwar and others are constructed and until and unless Gata No.2318 was demarcated. It was not possible to ascertain whether the dispute construction i.e. thatched houses are constructed up to what extent on Gata No.2318 or the same are on Gata No.2317, therefore, the revenue court under the provisions of Sec. 41 of the Land Revenue Act, 1901 has jurisdiction not the civil court.