P.N.Goel, J. - (1.) In this appeal by the plaintiff-appellant against the appellate Courts judgment and decree dated 10-12-1968 passed by the Civil Judge, Gorakhpur, confirming the judgment and decree dated 10-8-1966 passed by the 1st Additional Munsif, Gorakhpur, in Original Suit No. 509 of 1963, the main question for determination is whether the rights of a licencee, who had, .acting on the licence, constructed a house on the land in suit and which had fallen down about 45 years before the filing of the suit and the land in suit was lying Parti, remained intact or came to an end.
(2.) This question arises in this manner. The land in suit is situate in Mohalla Jagarnathpur in the town of Gorakhpur. The -plaintiff-appellant and his ancestors were not Zamindars/owners of the land. A house on the disputed land existed from before the year 1865. In Khasra Abadi of the settlement of 1865 house no. 1 in Ahata No. 4 was shown that of Lakhpat Rai, Harbhajan Rai and Kishore Chand. Lakhpat Rai was the great grand father of the plaintiff-appellant. The house fell down in the year 1918. The father of the appellant wanted to reconstruct a house in its place and obtained municipal sanction for the same in or about the year 1918. But no house could he constructed in place of the old one. The land in suit, therefore, remained vacant and became Parti. On 29-6-1968. Jawahar Lal son of Kirat Chand Zamindar executed a sale deed of the disputed land in favour of defendants-respondents Nos. 2 to 5, minor sons of Sri Ram Misra, Vakil, defendant-respondent no. 6. Defendant-respondent no. 7 is wife of defendant-respondent No. 6. Bansh Bahadur Lal, defendant-respondent no. 1 began to flow his drain towards the disputed land and the other defendants began to interfere with the possession of the appellant. Therefore, on 24-8-1963 the appellant filed suit for preventive and mandatory injunction.
(3.) The defence of the respondents nos. 2 to 5 was that the land in question was lying Parti for the last about 50 years, that it stood abandoned and that therefore the Zamindar had a right to transfer it to them-;