KANTHURAM Vs. JAGDEV PRASAD

JUDGEMENT

(1.) Heard Sri Ashish Kumar, learned counsel for the appellant and Sri Subhash Chandra Pandey, learned counsel for the respondents.

(2.) The appellant impugns judgment and decree dated 28th August, 2014 passed by learned Additional District Judge, Sitapur, in Civil Appeal No.15 of 2013 (Jagdev Prasad and Anr. v. Kanthuram) by filing appeal under Order 43 Rule 1 (u) of the Code of Civil Procedure, 1908.

(3.) The brief facts of the case are that the appellant/ plaintiff filed a suit for permanent injunction restraining the respondents/ defendants from interfering in peaceful possession of the appellant and from interfering in the construction work in the suit premises. The case of the appellant/ plaintiff is that his house is situated in mohalla Bahadurpur, pargana Bari, tehsil Sidhauli, district Sitapur, the plaintiff used to tie animals in the Haata; the house of the plaintiff was demolished during rains and he wanted to construct Pakka house; in the village panchayat Sidhauli, house of the plaintiff is recorded as house no.90. Defendant no.2 tried to demolish the same; the plaintiff moved an application dated 25th August, 2008 to Sub-Divisional Magistrate, Sidhauli but the defendants are interfering in his peaceful possession. Hence, the plaintiff filed the suit for permanent injunction.