Rakesh Sharma, J. - (1.) HEARD Shri Manoj Misra, learned Counsel for the appellants and Shri Anuruddh Chaturvedi for the respondents.
(2.) THROUGH this Second Appeal, the judgment and decree dated 17.09.2009 passed by Additional District Judge (Court No. 4), Gorakhpur, affirming the findings of the Trial Court vide judgment and order dated 25.8.1977 has been assailed. The litigation between the parties is going on for the last about 47 years as the original suit was filed in the year 1963 in the court of Munsif, Gorakhpur. Ultimately, the courts below after several rounds of litigation have resolved controversy regarding area identification and possession of the plot in dispute situate in District Gorakhpur.
(3.) IT emerges from record that original suit No. 434 of 1963 was filed by Shri C.J. Victor and Ors. against Shri Raymond Banerjee and Ors. for possession over the land in dispute. The dispute arose regarding the land adjacent to an old house situate in plot No. 1181. The plaintiffs claimed that they were the owners of piece of land bearing No. 1129 having an area of 0.80 Decimal and the defendants had no concerned with the said plot. The defendants house was situated in plot No. 1172, which was towards eastern side of plot No. 1129. The plaintiffs had given some land about 0.20 Decimal to Shree Ram Yadav and Others. The plaintiffs were in possession over the remaining land upon which some Bamboo groove and other trees were planted by them. They had an old Pacca well structure on the disputed plot. The defendants without any authority starting felling the Date Palm (Khajoor) trees on 21.7.1963 and started raising wall, thus giving rise to a cause of action to the plaintiffs -respondents to file a suit.;