- (1.) R. B. Mehrotra, J. The present second appeal has been filed by the defen dant-appellant. The facts necessary for the decision of the appeal are as under.
(2.) PLAINTIFF-respondent No. 1 filed a Civil Suit No. 226 of 1981 in the court of Ilnd Additional Munsif, Bulandshahr against Nagar Palika, Bulandshahr and its Ex ecutive Officer wherein the plaintiff contended that the plaintiff is the bhumidhar with transferable rights of plot No. 1510/2 area 2 bigha 13 biswa, situate at town Baran, Pargana, Baran, Tahsil and Distt. Bulandshahr and claimed that the plaintiff is the owner of the said plot and is in possession thereof and also contended that the respondents have no concern with the said land, in spite of it, the respondents are trying to interfere with the possession of the plaintiff and want to plant trees in the said area. The plaintiff prayed that the respondents be permanently restrained from interferring with the possession of the plaintiff over the plot in dispute. The suit was contested by the respondent, Nagar Palika, Bulandshahr and its Executive Officer. On the pleadings of the parties, the trial court framed issues. Following issues are relevant for the purpose of the decision of the present appeal : (1) Whether the plaintiff is the bhumidhar with transferable rights of the plot in dis pute as alleged in paragraph 1 of the plaint? (2) Whether the plaintiff is in possession of the plot in dispute? (3) Whether the suit is barred by principles of res judicata, if so, its effect?
(3.) THE trial court on a detailed consideration of the evidence of the parties dismissed the plaintiffs suit. Aggrieved thereby the plaintiff-respondent No. 1 filed a civil appeal No. 87 of 1982 in the court of District Judge, Bulandshahr. The aforesaid civil appeal has been allowed by IV Additional District Judge, Bulandshahr vide his judgment dated 20. 12. 1984.;