JUDGMENT

KAILASAM, J.:— This appeal is preferred by the State of Uttar Pradesh by Certificate granted by the High Court of judicature at Allahabad on 18-5-1980 (?) in SC Appeal No. 105 of 1966 against its judgment and decree dated 25th August, 1965 passed by it in first appeal No. 27 1951, dismissing the suit filed by the State of Uttar Pradesh.

2. The State of Uttar Pradesh filed suit No. 109 of 1949 in the Court of Civil Judge, Gorakhpur against the respondent Ata Mohd. for a mandatory injunction directing the respondent to remove his material and construction and to clear the land and the plot No. 227 in Mohalla Purdilpur in the City of Gorakhpur and for a decree for possession over the land measuring 45 x 20. The Civil Judge, Gorakhpur dismissed the suit by judgment and decree dated 3-10-1950. The plaintiff preferred first appeal No. 27 of 1951 to the High Court of Allahabad. The appeal was heard by a Bench of two Judges but on a difference of opinion, the matter was referred to the third Judge. In accordance with the view of the majority, the appeal preferred by the plaintiff, was dismissed by its judgment dated 25th August, 1965. On a certificate granted by the High Court und