- (1.) Heard Sri Narendra Bhushan Nigam, for the petitioners.
(2.) This petition has been filed, for setting aside the orders of Additional Civil Judge (Jr. Division) dated 01.12.2014, rejecting survey report submitted by Court Amin in the suit and Incharge District Judge, dated 14.12.2015, dismissing revision of the petitioners against the aforesaid order.
(3.) Mata Harakh alias Mata Harash (now represented by the petitioners) filed a suit (registered as Original Suit No. 99 of 1966) for possession over sub-plots 48 and 49 of abadi plot 1408 of village Kotwa, pargana Jhunsi, district Allahabad. It has been stated in plaint that Kamta son of Durga Prasad was owner of the land in dispute, in which in sub-plot 48 his house etc. was existing and sub-plot 49 was occupied as appurtenant land by him. Kamta was inherited by his adopted son Shri Kant, who executed a sale deed dated 21.10.1965 of the disputed land in favour of the plaintiff and handed over possession to him over it. The plaintiff was residing in Bombay in connection of his service, from where he retired in last of December 1965. Taking advantage of the absence of the plaintiff, the defendants demolished old constructions on sub-plot 48 and illegally took possession over disputed land.;