Catholic Diocese Of Gorakhpur Through Its President vs Bhola Deceased

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1624

KSHITIJ SHAILENDRA
Catholic Diocese Of Gorakhpur Through Its President – Appellant
Versus
Bhola Deceased – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sanjiv Singh, A. P. Tiwari, Namwar Singh, S. S. Tripathi, Subhash Ghosh
For the Respondent: S.P.K. Tripathi, Arvind Srivastava III, Ashish Kumar Srivastava, Manish Kumar Nigam, Pramod Kumar Singh, Praveen Kumar, Sanjay Goswami

JUDGMENT :

Kshitij Shailendra, J.

THE APPEAL

1. This is defendants’ second appeal arising out of non-concurrent judgments. The Original Suit No. 307 of 2011 (Bhola vs. DIOCESE and another) was dismissed by the trial court, however, the Civil Appeal No. 37 of 2011 filed by the plaintiff-respondents has been allowed by the First Appellate Court and, consequently, the suit has been decreed.

PLAINT CASE

2. The aforesaid suit was filed stating that the plaintiff was Bhumidhar in possession over plot No. 26 measuring 93 decimals situated at Mauza Jangal Salikram, District Gorakhpur. A statement No. 3234 filed by him before the Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976 was pending and when the defendants, 1.5 months prior to institution of suit, started en-covering the land by raising constructions of boundary wall and the plaintiff objected to the same, the defendants threatened him to raise constructions of a hospital over the land. It was alleged through amendment that a lease deed was said to have been executed by defendant No. 2, (State of U.P.) in favour of defendant No. 1 (appellant herein), though the State had no right to execute a lease. Further pleading