Prafulla C. Pant, J. - (1.)This appeal, preferred under Sec. 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree, dated 25.11.1980, passed by Ist Additional District Judge, Nainital, in civil appeal No. 77 of 1980, whereby said appellate court, has dismissed the appeal and affirmed the judgment and decree dated 05.05.1980, passed by the then Munsif, Kashipur, dismissing the original suit No. 220 of 1978, between the parties.
(2.)Heard learned Counsel for the parties and perused the record.
(3.)Brief facts of the case are that original suit No. 220 of 1978, was filed by Ram Kali (original plaintiff), seeking injunction against Nagar Palika, Ramnagar, alleging that she was in possession of the land in suit and has raised certain constructions. It is pleaded by the original plaintiff that she cannot be dispossessed from the land without adopting due process of law. Plaintiff4s case is that the disputed land is a Nazul land within the municipal limits of Ramnagar and the plaintiff was lessee over the land in suit. It is also alleged in the plaint that for the year 1978 -79, she paid Rs. 180/ - as rent to Nagar Palika, apart from the house tax paid by her. After death of original plaintiff (Ram Kali), Smt. Ram Murti Devi (daughter of brother of the husband of original plaintiff -Ram Kali), got herself impleaded as legal heir, seeking the title in the property in suit on the basis of a will.
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