JUDGMENT :- This is a defendants" Second Civil Appeal against the judgment and decree of Additional Civil Judge, Allahabad dismissing the appeal and confirming the decree of the trial Court. The suit was filed by the plaintiff-respondents for possession and injunction restraining the defendant-appellants from interfering with their possession over the property in dispute. The plaintiffs' case was that Jang Bahadur was the owner of the house in dispute and after Jang Bahadur's death the plaintiffs who were the daughters of Jang Bahadur came in exclusive possession and continued to remain in exclusive possession. It was further stated that on account of fire that broke out in the village most of the house was damaged and when she started to make constructions the defendant-appellants attempted to demolish the said constructions and during the pendency of the suit took forcible possession. The suit was initially filed for injunction. The relief for possession was added on the allegation that during the pendency of the suit possession over some portion was taken unlawfully by the defendant-appellants.

2. The defendants' case was that the property in suit was the Zila of Kayasth Pathshal

Click Here to Read the rest of this document