BASTI RAM Vs. NAGAR NIGAM GHAZIABAD

JUDGEMENT

(1.) Heard Sri Santosh Kumar, learned counsel for the appellant.

(2.) This is plaintiffs second appeal against the judgment and decree passed by the lower appellate court allowing the appeal of the respondent No. 1 and dismissing the suit of the plaintiff/appellant.

(3.) The plaintiff/appellant filed Suit No. 811 of 1996 with the allegations that Khasra Plot No 243 Situated at village Raeespur, Pargana Pasna, District Ghaziabad belongs to him since time of his ancestors and he is in possession of the same. There are certain constructions as stated in the plaint which exist on the said land and the land was being used by him as abadi, Main door of his house opens on this land and he was possessed of the land in suit from before zamindari abolition and land is vested in him under Section 9 of the Zamindari Abolition and Land Reforms Act. The defendants had no concern whatsoever with the suit land and had wrongly got the land entered as Banjar land in the Revenue Records. Proceedings under Section 122B were initiated against him and orders of eviction and compensations were passed against him. Revision filed against the said order was also dismissed. The defendants intend to demolish the constructions, hence the suit for injunction. It was alleged that the disputed land was not vested in the Nagar Nigam Ghaziabad and hence it has no right to demolish the constructions.