SIDDHARTHA VARMA,J. - (1.) This second appeal has been filed against the judgement and decree dated 13.5.2016 passed by the District Judge, Ballia, in Civil Appeal No. 31 of 2016 which had affirmed the judgement and decree dated 14.3.2016 passed by the Civil Judge (J.D.) Ballia in Original Suit No. 424 of 2007.
(2.) The plaintiff had filed a suit for the relief of permanent injunction stating that the defendant (appellant here) may be injuncted from interfering with the possession of the plaintiff over the land marked by nos. 1-4-5-6-7-1 and by nos. 6-8-9-10 in the plaint map. The case of the plaintiff had been that the area marked by numbers 1-4-5-6-7-1 had formed a part of plot no. 48 which was the plaintiff's sehan land and he had inherited the same from his grand-father, namely, Jamuna Ojha.
(3.) To bolster his case, the plaintiff had taken support of the papers which were filed in another suit being Suit no. 274 of 1993 which was filed by Vimlesh Chaubey, a person who was not a party to the suit of the plaintiff. Suit No. 274 of 1993 was dismissed by a judgement and decree dated 21.1.1995. The plaintiff of the suit from which the instant appeal has arisen had alleged that on 30.9.2007 the defendants in the instant case had threatened that they would take over possession over the land numbered as 1-4-5-6-7-1 in the plaint map and would also stop the water from flowing from the nali which was running on the land numbered as 6-8-9-10 in the plaint map.;