NARKANDESHWAR MAHADEOJI MEHRAJ INSTALLED Vs. GOPAL DASS AND OTHERS

JUDGEMENT

(1.) These two appeals have been referred by a learned single Judge of this Court by the order dated 3rd May, 1967. Since they arise out of one and the same suit, they can conveniently be disposed of by a single judgment.

(2.) Suit No. 28 of 1953 giving rise to these appeals was filed by Pandit Ram Rakhan in the Court of Civil Judge, Mohanlalganj at Lucknow. Pandit Ram Rakhan claims himself to be a co-sharer to the extent of eight annas four pies and 12 kirants share in the building and land appurtenant to it known as Hamid Manzil. He approached the Court with the allegation that about a fortnight before the date of the suit Gopal Das defendant No. 1 started making unauthorized constructions in front of the main building called Hamid Manzil on the land appurtenant to it and completed it despite a telegram and a letter sent under a registered cover to him requiring him to resist from proceeding with the un-authorised constructions. In the plan attached to the plaint the unathorised constructions are indicated by letters ABCD. He accordingly prayed that a decree for possession be passed against Gopal Dass over the land marked by letters ABCD in the plan attached to the plaint by demolition of the unauthorised constructions raised on it and a decree for injunction be passed against Gopal Das restraining him from making any further constructions on the land of the plaintiff.

(3.) He impleaded Sri Arif Raza son of Badshah Husain and Srimati Nawab Mehdi Begam wife of Badshah Husain as defendants 2 and 3 on the ground that they are co-sharers in the building in question and own the remaining share.