Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for both the parties at the admission stage. This is defendants' second appeal arising out of O.S. No.69 of 1986. The suit was decreed by First Additional Munsif, Shikohabad on 16th September, 1991. Against the said decree defendants appellants filed Civil Appeal No.23 of 1991 which was dismissed by III Additional District Judge, Firozabad on 25.10.2000, hence this second appeal.
(2.) THE suit was decreed for demolition and possession. Property in dispute denoted in the plaint map by letters A, B, C, D was shown to be situate in north of the plaintiffs' house which was denoted by letters G, B, E, F and it was claimed that the land in dispute was sahan of plaintiff's house. It was further asserted that the house of the defendants was situate at some distance from the land in dispute and in the west of the house of plaintiff, house of Smt. Asha Devi was situate, thereafter there was a rasta and towards south west corner of the rasta, house of the defendants was situate. It was also asserted that plaintiff reached the main road through land in dispute and her door opened in the land in dispute and she was using this land as her sahan for tying cattles, storing woods etc. Through the amendment in the plaint it was asserted that during pendency of the suit defendant had constructed a pacca kotha over the land in dispute and plaintiff was compelled to use the part of chabootara of Asha Devi for ingress and outgress with her permission. Plaintiff asserted that the land in dispute settled with her under Section 9 of U.P.Z.A. & L.R. Act and it was also stated that she had got an Ijazatnama dated 10.10.1946 from the then Zamindar Waliullah.
(3.) BOTH the courts below held that plaintiff had proved her right over the land in dispute.;