ANJANI KUMAR MISHRA
Rajeshwar Gupta – Appellant
Versus
Gauri Devi – Respondent
Anjani Kumar Mishra, J. –
Heard Shri A.C. Tiwari, for the appellant and Shri Manas Bhargava for the plaintiff/respondent no. 1.
2. This First Appeal From Order arises out of a suit for injunction filed by the plaintiff/respondent being suit no. 97 of 2015. In this suit issue no. 8 was framed as to whether the suit was barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act.
3. The trial Court finding that the case involved a declaration of the plaintiff's title in the land in question, which was admittedly agricultural land, dismissed the suit holding it to be barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act.
4. The consequential appeal filed by the plaintiff/respondent no. 1 has been allowed vide judgment and order dated 21.04.2016, the order of the trial Court has been set aside and the matter had been remanded back for a decision on the merits of the suit.
5. The dispute pertains to plot no. 43 area 0.031 hectares and plot no. 44 area 0.160 hectares situated in Village Dehli Sujanpur, Kanpur Nagar.
6. The case of the plaintiff/respondent in the suit was that she is the daughter-in-law of the recorded tenure holder Vimla Devi. Vimla
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