The suit was held to be barred by Section 49 of the U.P.C.H. Act as the disputed land was recorded as Navin Parti during consolidation operation and the plaintiff did not take any steps to correct the entry.

JUDGMENT :

1. Heard Mr. Anil Kumar Mishra, learned counsel for the appellant and Mr. Jitendra Narayan Rai, learned Additional Chief Standing Counsel along with Mr. Pradeep Kumar Tiwari, learned Standing Counsel for the State.

2. The present second appeal under Section 100 of Civil Procedure Code has been filed on behalf of plaintiff against the judgment and decree dated 30.8.2018/5.9.2018 passed by District Judge Bhadohi Gyanpur in Civil Appeal No.21 of 2018 arising out of Suit No.112 of 2013, the trial Court vide judgment and decree dated 2.4.2018/13.4.2018 dismissed the plaintiff’s suit for declaration and injunction and the decree of trial Court has been maintained by lower Appellate Court.

3. The plaint case as pleaded in brief is that Plot No.146 area 0.183 hectare situated in Village-Sherpur Gopalaha, District Sant Ravidas Nagar Bhadohi is recorded as Navin Parti in the revenue records. The old number of Plot No.146 before consolation operation was 3755, 3756, 3757, 3758, 3759, 3760, 3761 and 3763. It is further mentioned in the plaint that actual owner of the aforementioned plot were Hanuman Baksh Singh and others, Jokhai, Dangar, Kashav (plaintiff’s father) and Ram Prasad Singh. It is further pleaded that aforementioned plots are situated adjacent to Abadi Plot No.317 (old no.3820) in which plaintiff’s old residential house is situated. It is further pleaded that at the time of the partal during consolidation operation disputed plot was Abadi on spot but due to the fault of Consolidation Authorities, the plot in dispute was recorded as Navin Parti in the revenue records, as such, defendants threatened to interfere with the possession as well as to dispossess the plaintiff from the disputed Abadi land and further threatened to allot the same to other person, hence the suit.

4. Defendant No.1 and 2 (State and Gram Panchayat) have not filed any written statement in spite of service of notices upon them, hence suit was proceeded against defendant nos. 1 and 2 under Order 8 Rule 10 of Civil Procedure Code. Plaintiff adduced oral and documentary evidence in support of his case.

5. Before trial Court following issues were framed:

^^1- D;k oknh okn i= ds dFkuksa ds vk/kkj ij fookfnr Hkwfe dk ekfyd dkfct nkf[ky gS\

2- D;k oknh fookfnr Hkfe dks O;fDrxr vkcknh ?kksf"kr djk ikus dk vf/kdkj gS\^^

6. While deciding the Issue No.1, trial Court after considering the oral and documentary evidences adduced by plaintiff recorded finding of fact that disputed land is recorded as Navin Parti and is a Gaon Sabha land, plaintiff is not allottee or Patta holder of the Gaon Sabha, as such, plaintiff is not entitled to any injunction against the owner of the land, accordingly, Issue No.1 was decided against the plaintiff in negative. While deciding the Issue No.2, trial Court recorded finding of fact that during consolidation disputed land was recorded as Navin Parti but plaintiff has not taken any step to get the entry corrected during consolidation operation, as such, Civil Court cannot pass decree in the nature of declaration or injunction in respect of disputed land that the same is plaintiffs Abadi, accordingly, Issue No.2 was also decided against the plaintiff in negative, the trial Court by judgment and decree dated 2.4.2018 dismissed the plaintiff’s suit.

7. Against the judgment and decree of the trial Court dated 2.4.2018, plaintiff filed civil appeal under Section 96 of the Civil Procedure Code before District Judge which was registered as Civil Appeal No.21 of 2018. In Civil Appeal following points of determinations as provided under Order 41 Rule 31 of the Civil Procedure Code were framed:-

^^1- D;k oknxzLr Hkwfe vihykFkhZ@oknh dh vkcknh dh Hkwfe gS vkSj bl ij oknh pdcanh ds iwoZ ls crkSj vkcknh dkfct nkf[ky jgdj ml ij viuk edku] ukn] [kwVk] pjuh o ifEixalsV dk;e dj vkckn gS\

2- D;k oknxzLr Hkwfe uohu ijrh dh Hkwfe gS vkSj mlls oknh@vihykFkhZ ls dksbZ okLrk ljksdkj ugh gSA

3- D;k nkok/kkjk 49 mŒizŒ tksr pdcanh vf/kfu;e ls ckf/kr gS\^^

8. Lowe