SUDHIR AGARWAL,J. - (1.) Heard Sri R.P.Tewari, learned counsel for appellant, Sri Ganesh Datt Mishra, learned counsel for respondents and perused the record.
(2.) This is defendant's appeal under Section 100 of Code of Civil Procedure arising from judgment and decree dated 11.9.1980 passed by Sri Jay Prakash Narayan, Civil Judge, Etawah in Civil Appeal No.479 of 1976 whereby appeal has been allowed and judgment and decree dated 19.04.1976 passed by Sri Shyam Lal Gapna, Vth Additional Munsiff, Etawah, has been set aside.
(3.) Sole plaintiff Shyam, son of Khushal Lodhee, instituted original suit in the Court of Munsiff, Etawah stating that he is resident of Gram Bulakeepur, Luhanna, Pargana and District Etawah. Land measuring area 0.09 decimal, adjacent to his residential house situated on Arazi No.311, was purchased by him vide receipt dated 28.2.1965 for consideration of Rs.300/- and since then he is in possession of said land. Plaintiff is tying his cattle and has also raised a hut besides standing trees of Neem etc. It is surrounded by barbed wire. The other part of plot no.311 was in the use of Mullu son of Chakori, Kanhai and Ram Sanehi, sons of Chotte Lal, who have taken the same from Suraj Sahai, defendant 2 and being used for their residence and Sahan. Defendant 2 has sole Arazi no.311 (M) area 0.45 decimal. Area of plot 311 M, in the use of plaintiff is, 68 Haath x 23 Haath. Defendants have no connection with aforesaid land of plaintiff. About a month back, defendants, who have organized gang, with intention to forcibly occupy land, in possession of plaintiff, threatened him. Hence the suit seeking injunction restraining defendant from interfering in possession of plaintiff in respect of land shown as 'A' 'B' 'C' 'D' at the bottom of the plaint, vide plaint dated 26.9.1974 was instituted.;