CHANDRAJIT Vs. BALIRAM
LAWS(ALL)-2019-11-398
HIGH COURT OF ALLAHABAD
Decided on November 22,2019

CHANDRAJIT Appellant
VERSUS
BALIRAM Respondents


Referred Judgements :-

GAFOOR AND OTHERS VS. ABDUL RASHID AND OTHERS [REFERRED TO]
CHHADAMI AND ANOTHER VS. UDAIN AND ANOTHER [REFERRED TO]
BHUDAN SINGH VS. NABI BUX [REFERRED TO]
SHREEPAT VS. RAJENDRA PRASAD [REFERRED TO]
MATA PRASAD SINGH ALIAS DIPPU SINGH VS. ANJANI KUMAR TEWARI D [REFERRED TO]


JUDGEMENT

- (1.)Heard Sri Kamal Narain Rai, learned counsel for the appellant.
(2.)This appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiff-appellant being aggrieved by judgment and decree dated 15.11.2018 passed by the Additional District Judge/F. T. C. , Court No. 2, Mau in Civil Appeal No. 13 of 2016 affirming the judgment and decree passed in the original Suit No. 176 of 1996 passed on 6.4.2016 by the Court of Civil Judge (Junior Division), Pargana- Ghosi Tehsil Sadar, District- Mau.
(3.)Claim of the appellant is that plaintiffs are having a residential house; since the times of their ancestors they started using the disputed land which is subject matter of the suit as "Sahan". It is submitted that in terms of the provisions contained in Section 9 of U. P. Zamindari Abolition and Land Reforms Act, 1950(1) of 1951 (hereinafter referred to as Act of ''1950'), the land in question being used by them as "Sahan" has vested in them and now, neither they can be dispossessed nor any third party can cause any interference in their peaceful possession.


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