- (1.) This is a defendants' appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as 'C.P.C.') arising from judgement and decree dated 22.10.1997 and 11.11.1997, respectively, passed by Sri N.A. Siddiqui, Ist Additional Civil Judge, Senior Division, Allahabad (hereinafter referred to as 'Court below/Trial Court'). It has decreed Original Suit No.25 of 1988, allowing it partly and declaring that disputed property is owned by plaintiff-respondents.
(2.) Plaintiff-Respondent, Chhedi Lal (since deceased and substituted by legal representatives) filed Original Suit No.25 of 1988 in the Court of Civil Judge, (S.D.) Allahabad.
(3.) Plaint case set up by him is that Abdul Raheem and Smt. Rahiman Bibi were Zamindars of village Sarai Mauja Urf Kydganj Uparhar. Smt. Rahiman Bibi executed a registered lease deed dated 25.05.1948 in favour of predecessor in interest of plaintiff, in respect to five agricultural plots measuring 5 Bigha 9 Biswas. Remaining land was given in possession of plaintiff by Sri Abdul Raheem. Both co-owners/Zamindars i.e. Smt. Rahiman Bibi and Abdul Raheem executed a deed of Khairat (gift deed) on 24.04.1949 in favour of Chhedi Lal (original plaintiff) in respect of all plots, mentioned at the bottom of plaint, over which plaintiff was given possession on 24.05.1948. Description of plots given at the bottom of plaint, refers to plots situated in Mauza Kydganj, Uparhar, Mauza Sarai Mauj, Pargana and Tehsil Chail, District Allahabad, bearing plots numbers and area as under: JUDGEMENT_175_LAWS(ALL)11_2016_1.html;