N.K.KAPOOR, J. - (1.) THIS is plaintiff's regular second appeal against the judgment and decree of the Additional District Judge dated 5. 4. 1991 whereby the appeal filed by him against the judgment and decree of the trial Court was dismissed.
(2.) THE case of the plaintiff as pleaded in the plaint is that the Gram Panchayat was owner of the land which was allotted in the form of plots to various persons by the Gram Panchayat in the year 1960-61. In fact, the Gram Panchayat carved out 14 plots of 10 Maria each and were allotted to Jogi Nath including the appellant-plaintiff. After the allotment of said plots, the plaintiff was given Rs. 750/- by the District Welfare Department. The plaintiff was allotted the plot and house No. 13. He took possession of the same after its construction and remained in possession of the same till the defendant dispossessed the family of the appellant when he was out of town. Hence the present suit for possession. Defendants put in appearance, filed written statement and contested the claim set up by the plaintiff. The defendants denied the factum of allotment in favour of the plaintiff or raising of construction thereupon by him. It was specifically denied that the plaintiff was an allottee of the site in dispute. In fact, according to the defendants their father constructed a room upon the site in dispute. Other rooms were constructed by defendant No. 1. 4. On the pleadings of the parties, following issues were framed:1/ Whether the plot and house in dispute is No. 13 allotted by the Gram Panchayat ? OP P 2/ Whether the plaintiff constructed a house in dispute on the spot allotted to him ? OPP 3/ Whether the site plan filed by the plaintiff is incorrect ? OPD.
(3.) / Whether the suit is not maintainable as alleged in para No. 2 of the preliminary objection of written statement ? OPD 5/ Whether the suit is under-valued for the purposes of court fee and jurisdiction ? OP D 6/ Whether the defendant has acquired ownership right by way of adverse possession ? OPD. 7/ Relief.;