Hon’ble Pramod Kumar Srivastava, J.—Heard learned counsel for the appellant on admission of Second Appeal and perused the record.

2. In Original Suit No. 1299/1987 (Akhil Bhartiya Dayanand Sevashram Sansthan v. Salik Ram and others) the plaint case was that plaintiff is a tenant of defendants, and has been paying regular rent for its use and occupation of building in question. But the defendants had illegally and unauthorizedly evicted the plaintiff from said building, therefore the plaintiff has filed suit for recovery of possession of his building under his tendency.

3. The defendants had filed written statement, by which plaint case was denied. They further pleaded that plaintiff was never in tenancy of plaintiff nor was in the possession over the disputed property. They pleaded that plaintiff had been hanging a board in front of disputed property on Chabutara, which was removed by the police and not by the plaintiff. The suit of plaintiff is liable to be dismissed.

4. After affording an opportunity of hearing to the parties, the Court of Additional Civil Judge (Junior Division), Court No. 1, Varanasi, had dismissed the original suit by its judgment dated 20.4.2004, in w