RAM CHANDRA JI MAHARAJ Vs. UNION OF INDAI

JUDGEMENT

(1.) In compliance with orders dated 1.7.2019 and 18.7.2019, office has informed counsel for respondent-North Eastern Railaway, but still none is present even in revised call. Heard Sri A.N. Bhargava, learned counsel for appellant under Order XLI Rule 11 CPC on the point of admission of appeal and perused the record.

(2.) The instant appeal has been filed against the judgment and decree dated 18.10.1995 passed by Additional District Judge VIth, Bareilly dismissing Civil Appeal No.109 of 1987, Sri Ram Chander Ji Maharaj Vs. Union of India and confirming the judgment and decree dated 2.4.1987 passed by Trial Court Civil Judge, Bareilly dismissing Civil Suit No.120 of 1972, Sri Ram Chander Ji Maharaj Vs. Union of India for possession.

(3.) The brief facts relating to the appeal are that plaintiff-appellant filed Civil Suit No.120 of 1972, seeking relief of possession against defendant with allegations that Sri Ram Chander Ji Maharaj Birajman Mandir Tibrinath, Bareilly is the owner of land plot nos.198-M (area 02 Biswas), 206 (area 03 Bighas, 11 Biswas) and 208 (area 18 Biswas) within the municipal limits and North Eastern Railway administration has illegally and unauthorizedly encroached over an area of 02 Biswas of Plot No.198, 15 Biswas of Plot No.206 and 07 Biswas of Plot No.208 total 24 Biswas and did not vacate it, despite sending of a notice under section 80 C.P.C., hence a decree for possession be passed in favour of plaintiff by ejectment of defendant from land shown by letters "A, B, C & E, F, G, H" measuring 24 Biswas with a decree for Rs.500/-. The defendant filed written statement denying the allegations in plaint and contended that land is in possession of Railways since acquisition notified in Gazette Part-I (July to December, 1913), for extending the workshop, which was constructed on the aforesaid 25538 acres land with a pakka boundary wall.