D.S.Bajpai

1. The plaintiff filed a suit for permanent injunction against the defendant and prayed for demolition of the illegal construction alleged to have been made by the defendant on the said land on the pleadings that it was the Sahan of the plaintiff and that he having perfected his rights under Section 9 of the UP ZA and LR Act, his possession could not be interfered by the defendant and that construction if any, made by him was liable to be demolished. This Regular Suit No. 108 of 1970 was decreed by the III Additional Munsif, Pratapgarh, on 22-11-1976. The defendant came up in appeal and the first appellate court by its judgment and decree dated 9-8-1978 in Civil Appeal No. 18 of 1977 dismissed the defendant's appeal. Aggrieved, the defendant has come up in the present second appeal before this Court.

2. I have heard the learned counsel for the appellant, Sri H. N. Tilhari, who has taken me through the material evidence and documents. Since questions of fact are concluded by concurrent findings of the two courts below, Sri Tilhari placed reliance on a decision of their Lordships of the Supreme Court reported in Maharaj Singh v. State of Uttar Pradesh, AIR 1976 SC