Dismissed

Lal Bahadur and 2 Others v. Nrip Shanker Tiwari and Another

Allahabad HC13 Dec 2019SAPL/682/2017

Case brief

AI extract

What is this about?

Second appeal by plaintiff-appellants dismissed. Appellants failed to prove title over disputed land as they could not demonstrate ownership over the specific area in dispute despite revenue acceptance of possession over a different portion.

What did the court decide?

Appeal dismissed with costs as appellants failed to prove title over the specific disputed land.

Lal Bahadur and 2 Others Vs Nrip Shanker Tiwari and… — Property and Title | Allahabad HC (2019)

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Court No. - 53

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Case :- SECOND APPEAL No. - 682 of 2017

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Appellant :- Lal Bahadur And 2 Others Respondent :- Nrip Shanker Tiwari And Another Counsel for Appellant :- Dileep Kumar Srivastava Counsel for Respondent :- Ravi Pratap Singh,Shrawan Kumar Tripathi

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Hon'ble Vivek Agarwal,J.

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Heard Sri D.K. Srivastava, learned counsel for the appellants and Sri Ravi Pratap Singh, learned counsel for the respondents.

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This second appeal under section 100 of CPC has been filed by the plaintiff-appellants being aggrieved by the judgment and decree dated 28.2.2017 passed by the Court of Additional District Judge / Special Judge (SC/ST Act), Basti in Civil Appeal No. 45 of 1999 (Vishram - deceased and legal heirs Vs. Nrip Shankar Tiwari and others) by which appellate court has affirmed the judgment and decree dated 26.4.1999 passed by the learned Trial Court in O.S. No. 178 of 1986 (Vishram Vs. Nrip Shankar Tiwari and others).

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Learned counsel for the appellants submits that the plaintiffs had filed a suit for injunction to restrain the defendantrespondents from interfering with Gata No.144 measuring area 0-2-11 and not to demolish or raise any unlawful construction over the disputed land. This suit was dismissed by the trial court and the first appellate court has affirmed the findings of the trial court. Therefore, this second appeal.

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Counsel for the appellant has read the order passed by the S.D.M, Haraiya, district Basti on 10.1.2013; wherein possession of the plaintiffs has been accepted on Gata No. 144/0.032 giving him benefit of Section 123(1) of UPZA & LR Act, 1950. It is submitted that the trial court and first appellate court have accepted the possession of the plaintiffs on such 1 biswa 11 Dhur land but the dispute is in regard to another 1 biswa land which is situated in front and back of the house of the plaintiffs.

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Learned counsel for the appellant is when asked to demonstrate from the revenue record, his ownership over 2 biswas of land contained in Gata No. 144, despite the fact when revenue authority has accepted his possession only over 1 biswa 11Dhur of land as is reflected from order dated 10.1.2013, he is at loss of words. In view of such facts, the plaintiffs have not been able to establish his title on that portion of the land which is in

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dispute, therefore, he is not entitled to take advantage of the order passed by the SDM, Hariya in asmuch as that order is confined to only 0.032 area in relation to 1 biswa contained in Gata No. 144 and have nothing to do with the land in dispute. The appellants have failed to prove their title over the disputed land. There is no error in the concurrent finding recorded by the courts below.Therefore, the appeals fails and deserves to be dismissed, as such it is accordingly dismissed.

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Order Date :- 13.12.2019 S.K.S.

Lal Bahadur and 2 Others v. Nrip Shanker Tiwari and Another

Case brief

What is this about?

What did the court decide?

Lal Bahadur and 2 Others v. Nrip Shanker Tiwari and Another

Case brief

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What the court decided

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