PRAMOD KUMAR SRIVASTAVA,J - (1.) Heard counsel for the partieand perused records.
(2.) Plaintiff of Original Suit NO. 69/1996, Dr. Ram Raj Singh v. Ramji & others had pleaded himself to be the owner of earlier evacuee property on basis of alleged purchase of the same by order of the Sub -Divisional Magistrate (SDM) of the area. He further pleaded that he is in possession of said disputed property as owner and defendants have no right, title or interest in this property. But they are unauthorizedly attempting to interfere in his possession. Therefore, he has sought relief for permanent injunction by original suit against defendant.
(3.) After affording opportunity of hearing in original suit, Civil Judge (S.D.), Ghazipur had dismissed the suit by its judgment dated 14.1.2011 with finding that plaintiff cannot be the owner of evacuee property unless it is transferred to him by Custodian General of evacuee property. In plaint disputed property was described to situate in plot no. 1912 Gha, but trial court had given finding otherwise and held that it is not proved.;