Ram Kishore Vs Jagdamba and Another

Neutral Citation No. - 2024:AHC-LKO:14589

Court No. - 29

Case :- SECOND APPEAL No. - 4 of 2024

Appellant :- Ram Kishore Respondent :- Jagdamba And Another Counsel for Appellant :- Satyendra Nath Mishra,Ajay Veer Singh,Piyush Pandey

Hon'ble Arun Kumar Singh Deshwal,J.

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Present appeal has been filed against the judgement and order dated 31.03.2012 passed by Additional Civil Judge (Senior Division) 3rd, Faizabad in Original Suit No.65 of 1986 and the judgement and decreed dated 19.09.2023 passed by Additional District Judge/F.T.C. 1st Ayodhya/Faizabad in Civil Appeal No.72 of 2012.

This suit was filed by the appellant for permanent injunction on the ground that he has been possessing over the land in question as well as construction thereon and prior to him, his grand father was in possession of land in question. Therefore, in view of Section 9 of U.P. Zamindari Abolition and Land Reforms Act, 1950 land has been vested with him, therefore he is entitled to seek injunction against the respondent. It is also not in dispute that the land belongs to Gaon Sabha.

From perusal of impugned judgement, it appears that the appellant could not prove that he had constructed the house prior to 1st July, 1982 so as to get the benefit of Section 9 of U.P. Zamindari Abolition and Land Reforms Act, 1950, therefore this Court is of the view that there is no substantial question of law arises.

Order Date :- 19.2.2024 A.Kr*

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Kishore v. Jagdamba and Another