Heard Sri G.P. Singh, learned counsel for the plaintiff/appellant and Sri Manish Kumar Srivastava, appearing for defendant/respondent no.1.
The dispute in the present second appeal is with regard to two plots Aaraji No.88 Ka area 15 decimal which is recorded as Patri and Aaraji No.88 Ga area 7 decimal, which is recorded as Banjar. Plaintiff/appellant filed suit for permanent injunction in respect of both the aforesaid plots and the suit has been dismissed by both the courts below. The respondents claimed that 5 decimal out of 7 decimal of land of Aaraji No.88 Ka is in their possession since 30.6.85 and the said land had vested in them by virtue of Section 123 of U.P. Z.A. & L.R. Act.
The submission of learned counsel for the plaintiff/appellant is that when the appellate court has found the plaintiff/appellant to be in possession of the disputed land though unauthorisedly and has further recorded a finding that the land belongs to Gram Samaz, the defendants/appellants have no authority of law to disturb the possession and the enjoyment of the same by the plaintiff/appellant.
Sri M.K. Srivastava, learned counsel for the respondent no. 1 prays for and is allowed a month's time to file counter affidavit. Two weeks thereafter is allowed to plaintiff/appellant to file rejoinder affidavit.
List for admission immediately on the expiry of 6 weeks.
Issue notice to respondent no.2 by registered post returnable within 6 weeks.
Till the next date of listing parties are directed to maintain status quo with regard to Aaraji No.88 Ka area 7 decimal.
Order Date :- 16.9.2010 piyush