POONAM SRIVASTAVA, J. - (1.) HEARD Sri Tej Prakash, learned Standing Counsel for the Union of India and Ms. Tulika Prakash, learned Counsel appearing for the plaintiff/respondent.
(2.) THE instant second appeal has been preferred against the judgment and decree dated 6.1.1995 passed by 10th Additional District Judge, Ghaziabad, in civil appeal No. 34 of 1993, Union of India v. Surendra Pal, confirming the judg­ment and decree dated 15.2.1993 passed by the Civil Judge, Ghaziabad, in suit No. 1449 of 1990. The suit was instituted in respect of the land situated in Khasra No. 176, 1 Bigha. 12 Biswas, village Mohammadpur Dheda, Pargana Jalalabad, Tehsil Modinagar, District Ghaziabad. (hereinafter referred to as the disputed land). The plaintiff claimed that he had certain constructions on the disputed land since the time of his ancestor and also a Samadhi and tethering the animals on the said land but officers of the Union of India are trying to interfere in his possession and forcefully demolish the construction and evict him. The plaintiff gave a notice dated 27.7.1990 under Section 80, C.P.C. but the officers were not deterred. Consequently, the suit for permanent injunction was instituted claiming relief that the defendant be restrained from interfering in the peaceful possession of the plaintiff-respondent.
(3.) THE defendant-appellant filed his written statement denying claim of the plaintiff stating therein that there are no constructions. The disputed land was acquired by the Union of India for the Ordnance Factory. The ancestor of the plaintiff has already received compensation and the disputed land is part and parcel of the ordnance factory, Muradnagar.;