OM PRAKASH Vs. SAVITRI

JUDGEMENT

(1.) Heard Sri Vinod Kumar Srivastava, learned counsel for the appellant and Sri Rakesh Kumar Tripathi, learned counsel for respondents No.2 to 5.

(2.) The appellant assails impugned judgment and decree dated 18.11.2000 passed by learned Additional District Judge, Hardoi, in Regular Civil Appeal No.51 of 1999, whereby the appeal filed by the appellant-Sri Chhote was dismissed.

(3.) Briefly stating that the facts of the present case are that one Chhote filed a suit for permanent and mandatory injunction bearing Regular Suit No.82 of 1992 titled as Chhote vs. Ram Hriday and another. The case of plaintiff-Chhote was that he is owner of the disputed land which is Plot No.1780 situated in Village and Post Mansoor Nagar, Tehsil Shahabad, District Hardoi; the defendants tried to interfere in his possession; the defendants have illegally constructed a wall and put up a tin, installed a hand pipe etc. The plaintiff-Chhote sought relief of injunction restraining the defendants from interfering in his possession on the disputed plot; the plaintiff also sought relief of mandatory injunction directing the defendants to remove the unauthorized and illegal construction raised by them. During pendency of the suit, defendant No.1, namely, Ram Hriday died on 31.07.1996 and his legal heirs were substituted.