MATI RANI Vs. BIRENDER

JUDGEMENT

(1.) The instant second appeal has been filed against judgment and decree dated 19.4.1996 passed by Additional District Judge/Special Judge, Ballia in Civil Appeal No.157 of 1994 "Harsh Narayan Versus Dashrath and others arising out of Civil Suit No.737 of 1987 "Dashrath and another Vs. Avadh Behari Upadhyay and others".

(2.) The brief facts of the case are that plaintiffs-appellants (hereinafter referred as "plaintiffs") filed Civil Suit No.737 of 1987 (Dashrath and another Vs. Avadh Behari and others) for a decree of permanent injunction against defendants-respondents (hereinafter referred as "defendants") with averments that the land in suit was leased out in their favour by Gram-Sabha/Land Management Committee, Sanwara, Tehsil Rasara, District Ballia (hereinafter referred as 'LMC') on 23.7.1978 which lease were duly approved on 27.7.1978; that the land in suit lies in plot no.2472 of which new number 1220 was allotted during consolidation; that previously land plot no.2472 was recorded in the name of Shri Mangla, the father of defendant nos.1 to 3 and since defendants were trying to interfere in their peaceful possession over patta land of plaintiffs hence suit was filed.

(3.) The suit was contested by defendant no.2 Harsh Narayan only, who filed written statement stating that the land in suit shown in plaint map has never been Gaon-Sabha land and Gaon-Sabha/LMC, Sanwara had no right or authority to lease it in favour of plaintiffs or anybody else and that no such lease was ever granted to plaintiffs. The other defendants neither filed written statement nor contested suit nor filed any appeal against the judgment and decree passed by trial Court in favour of plaintiffs.