Advocates:
['S CHATHARJEE', '', 'SANTOSH KUMAR', 'SATYA DEO OJHA', 'SAURABH SRIVASTAVA', 'AKHILESHWAR MISHRA']

1

In Chamber

Reserved

A.F.R.

Case :- SECOND APPEAL No. - 1698 of 1990

Appellant :- Rama Nand

Respondent :- Hira Lal

Counsel for Appellant :- S. Chatharjee,Santosh Kumar,Satya

Deo Ojha, Saurabh Srivastava

Counsel for Respondent :- Akhileshwar Mishra,Aniruddh

Kumar

Hon'ble J.J. Munir,J.

1.

This is a plaintiff’s appeal, arising out of a suit for

declaration and permanent prohibitory injunction.

2.

The facts giving rise to this appeal are these:

The plaintiff-appellant, Rama Nand, who shall hereinafter

be referred to as the ‘plaintiff’, instituted O.S. No. 390 of 1985 in

the Ex-Court of Munsif Havali, Varanasi, seeking a declaration

to the effect that the proceedings of revenue sale dated

04.12.1982 and the sale letter based on it relating to land,

detailed at the foot of the plaint, be declared void and a decree

of permanent injunction granted, restraining the defendant-

respondent, Hira Lal (for short, ‘the defendant’) from interfering

with the plaintiff’s possession over the suit property or changing

its nature and character.

3.

The plaintiff's case is that Smt. Usha Devi brought

proceedings against him under Section 125 Cr.P.C. in the Court

of