Sibghat Ullah Khan, J. - (1.) HEARD Sri B.D. Mandhyan, learned Senior counsel for the appellant at the admission stage.
(2.) THIS is defendants' Second Appeal arising out of O.S. no. 795 of 1978 which was decreed in part on 8.8.2002 by Ist Additional Civil Judge (J.D.), Court no. 19 Gorakhpur. Against the said judgment and decree two appeals were filed. Appeal filed by defendants was numbered as Civil appeal no. 52 of 2002 and appeal of the plaintiff was numbered as Civil appeal no. 51 of 2002. Both the appeals were dismissed by A.D.J./Special Judge S.C.S.T. Act Gorakhpur on 8.4.2011. This Second Appeal is directed against the said judgment and decree in respect of defendants appeal i.e. civil appeal no. 52 of 2002. The trial court had decreed the suit for demolition and eviction from the portion shown by letters ABEFGH in the plaint map. The relief claimed in respect of cost of some trees etc. was denied by the trial court (and affirmed by the lower appellate court). The land in dispute is included in a part of plot no. 434 and 435. Relief in respect of 0.08 acre of plot no. 440 was also claimed and granted by the trial court. However, trial court had held the plaintiffs to be owner of entire plot no. 440. The said finding was modified by the lower appellate court and lower appellate court held that as only 0.08 acre land of plot no. 440 was in dispute hence in respect of said plot the decree will operate only in respect of 0.08 acres.
(3.) THE main case of the defendant was that the disputed property was situate in plot no. 432.;