S.N. Singh, J. - (1.) This appeal arises out of a suit instituted by the Plaintiff Appellant on the allegation that he was the owner in possession of plot Nos. 1000, 1003 and 1025 and alleged that their ancestors had made extension on the benap land adjoining these plots and had acquired the same rights in that benap land as in the above three plots. The Defendant owned another adjoining plot No. 1004 and had applied to the revenue authorities for grant of the disputed land to him for putting up gaushalas. It appears that this application was refused on the objection of the Plaintiffs, but on appeal to the Commissioner, a portion of the land as shown in the map of the Amin dated 7 -3 -1954 in AMU. Naya No 31 of 1953 was granted to the Defendant. The Plaintiff preferred an appeal to the Commissioner but the grant was maintained after a slight variation. The claim in the instant suit made by the Plaintiff was that the alleged grant was invalid as they had a right of extension and had also right of easement over that land.
(2.) This claim of the Plaintiff was contested by the Defendant who alleged that the Plaintiff's ancestors had never cultivated the land and that the grant made in favour of the Defendants did not interfere with the Plaintiff's right. Plaintiff's right of extension of cultivation from the three plots of the Plaintiff's was denied. It was alleged that the three plots of the Plaintiff's were on different levels from the disputed land and that the level of the plot in dispute was the same as that of the Defendant's plot No. 1004.
(3.) The learned Munsif found that the Plaintiff's ancestors had not made any extension on the land in suit and they were not in possession of any portion of it. It was, however, held that Plaintiff had a right of extension over the disputed land by virtue of the three plots, as mentioned above held by them. It was also held that the Defendant had equal right of extension from the land in dispute. Accordingly he set aside the grant made to the Defendant and dismissed the rest of the Plaintiff's suit, which was, it appears, for injunction.;