Sanjay Misra, J. - (1.) THIS second appeal under Section CPC has been filed by the defendant U.P. Power Corporation Ltd. against the judgement and decree dated 22.9.2003 passed by the Additional District Judge, Court No. 7, Agra in Civil Appeal No. 229 of 2002 (Natraj Sahkari Avas Samiti Ltd. v. U.P. Power Corporation Ltd.) arising out of the judgement and decree dated 27.11.2002 passed by the Additional Civil Judge (SD) Court No. 19, Agra in Original Suit No. 85 of 1993 between the Natraj Sahkari Avas Samiti Ltd. v. U.P. State Electricity Board.
(2.) LEARNED Counsel for the appellant has made his submissions on two substantial question of law framed by him namely; whether the First Appellate Court ignored the revenue records filed as documents and illegally set aside the judgement of the trial court and whether the provisions of Section 117 (6) of the UPZA & LR Act would apply to the appellant. The short facts of the case are that the plaintiff -respondent filed the suit for permanent injunction to restrain the defendant -appellant from interfering in possession over the Plot No. 43 carved out of Khasra Nos. 398 and 403. The Trial Court framed several issues the main being whether the plaintiff is owner of the property in question and whether plot No. 43 Surdas Kunj Mauza Gailana, Agra is a part of the Khasra Plot No. 398 and 403.
(3.) THE parties led oral as well as documentary evidence. The trial court while considering the oral evidence of the parties found that merely on the basis of statements of PW -1, PW -2 and DW -1, the question of title cannot be decided and hence proceed to consider the documentary evidence submitted by the parties. It found that the plaintiff's allegation was that one Bharat Store Ltd. Agra was owner of Plots No. 361, 362, 378 to 405 situate in village Gailana Mustkim Pargana District Agra and had purchased the zamindari rights alongwith tenancy rights. Bharat Store Ltd. carved out 50 plots in the said land and named it as Surdas Kunj. By two registered sale -deeds dated 17.6.1946 it sold plot No. 43 to one Munni Lal and Dwarika Prasad. Munni Lal and Dwarika Prasad sold the plot by registered sale -deed dated 17.10.1967 to Raghubar Dayal and Raghubar Dayal sold the plot in question by registered sale -deed dated 2.5.1989 to Natraj Sahkari Avas Samiti Ltd. (plaintiff). The Trial Court found that in the sale -deeds of 1946 and 1967, there was no mention that plot No. 43 was a part of the Khasra No. 398 or 403. In the sale -deed of 1989 a mention was made that this plot was a part of the Khasra No. 398 and 403. While considering the three sale -deeds, it recorded a finding of fact that the boundaries were not similar.;