Prafulla C. Pant, J. - (1.)THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred as Code of Civil Procedure), is directed against the judgment and decree dated 12 -05 -1976, passed in civil appeal No. 35 of 1974, by the 1st Additional District Judge, Nainital, whereby the decree passed by the trial court in original suit No. 183 of 1970, is set aside. Original suit No. 183 of 1970 was decreed by the trial court vide its judgment and order dated 21 -02 -1974.
(2.)HEARD learned Counsel for the parties and perused the record.
Brief facts of the case are that Plaintiff/Appellant instituted suit No. 183 of 1970 with the pleading that he is a recorded tenure holder as Sirdar and is in possession over plot No. 3/2, measuring 70 bighas, 4 biswas, in village Sadhunagar, for more than twelve years. It is further pleaded by the Plaintiff that he is cultivating said land. It is alleged that the Forest Department of State has no concern with the plot but their employees are threatening to dispossess the Plaintiff. Hence the suit is filed for injunction against the Defendant after serving notice under Section 80 of Code of Civil Procedure

(3.)DEFENDANT /Respondent contested the suit before the trial court and filed its written statement, alleging that Plaintiff has no right over plot in suit. However, it is admitted that the Forest Department has no concern with the plot in suit. It is pleaded by the Defendant/ Respondent that the land vests in the State. Disputing the locus standi of the Plaintiff, it is alleged that the Plaintiff is not entitled to relief claimed. By way of amendment, it is further pleaded in the written statement that 41 Bighas of plot No. 3 of Village Sadhunagar, Tehsil Sitarganj, were declared a Reserved Forest, vide notification No. 5 -59/14 -B dated 25 -12 -1955 under Section 20 of Indian Forest Act, 1927.
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