Ainullah vs Manager And 3 Ors.
2016 Latest Caselaw 1821 ALL

Citation : 2016 Latest Caselaw 1821 ALL
Judgement Date : 25 April, 2016

Allahabad High Court

Ainullah vs Manager And 3 Ors. on 25 April, 2016

Bench: Ram Surat (Maurya)




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2759 of 2016
 

 
Petitioner :- Ainullah
 
Respondent :- Manager And 3 Ors.
 
Counsel for Petitioner :- Vishnu Kumar
 
Counsel for Respondent :- Omkar Nath Rai
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Heard Sri Vishnu Kumar for the petitioner and Sri O.N.Rai for the opposite parties.

The petition has been filed against the order of Additional Civil Judge (Junior Division) dated 26.9.2014 by which he has granted interim injunction restraining the defandant from demolishing the construction over plot no.366ka, area 0.450 hectare of village Jangal Sisava, tappa Chaura Badgaon, tehsil Tamkuiraj, district Kushinagar and order of District Judge dated 29.3.2016 dismissing the appeal of the petitioner against the aforesaid order.

Both the courts below found that the land in dispute was recorded in revenue record in the name of the plaintiffs as such prima facie the plaintiffs have proved their case.

The argument of the counsel for the petitioner is that in west of plot no.366 is banjar land plot nos.367 and 370 bhumidhari land of the petitioner are existing. The plaintiffs by preparing fabricated record now claiming plot no.366 Ka, which is the land of the petitioner.

I have considered the argument of the counsel for the petitioner.

A corrected map has been filed as Annexure-7 to the petition which shows that plot no.366 Ka has been demarcated in the revenue map as part of plot no.366 and not 367 and 370. Thus, at present it does not cause any prejudice to the petitioner. No interference is required by this Court. The petition has no merit and it is dismissed.

Order Date :- 25.4.2016