Hon’ble Mrs. Sunita Agarwal, J.—Heard Shri Imaran Khan, holding brief of Shri W.H. Khan, learned counsel for the appellant and Shri Rajendra Kumar, learned counsel for the respondents.

2. The present appeal has been preferred against the judgment and decree dated 23rd August, 1995 passed by the VI Additional Civil Judge (J.D.) Ghazipur and judgment and decree dated 24.4.2002 passed by Ist Additional District Judge, Ghazipur dismissing the original suit No. 432 of 1983 and Civil Appeal No. 173 of 1995 filed by the plaintiff/appellant.

3. The suit was filed for relief of permanent injunction and demolition of the alleged construction made over the land shown by letters E, F, G, H, at the foot of plaint and not to interfere in possession of plaintiff over Sahan of the house of plaintiff/appellant shown by letters I, J, K, L.

4. The suit was filed on 23.12.1982. In paragraph-9 of the plaint, it was contended that defendant-respondent started raising construction on 20.12.1982 over the land of plaintiff/appellant and as such cause of action for filing present suit arose. On account of the fact that the defendant-respondents were raising construction over the disputed land since