MANVENDRA SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) This is a defendants' Second Appeal, which has been preferred by the defendant/appellant being aggrieved against the judgment and decree dated 10th September, 2018, as passed by the 1st Additional District Judge, Rudrapur, District Udham Singh Nagar in Civil Appeal No. 46 of 2016, Nirmal Singh and another Vs. Avtar Singh and others, whereby, the Civil Appeal preferred by the defendants/appellants, has been dismissed and as a consequence thereto, the judgment and decree as rendered by the Trial Court on 31st May, 2016, i.e. the Court of 1st Additional Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar in Original Suit No. 43 of 2013, Avtar Singh and others Vs. Nirmal Singh and others, has been affirmed and, consequently, a decree has been rendered in favour of the plaintiffs/ respondents that the defendants/appellants would not to interfere in possession and resort to any act of forceful possession over the property, which has been more particularly described in the plaint as to be the land lying in Khet No. 38, lying in Khata No. 176 having an area of 1.622 hectares, situated in Village Rahapura, Tehsil Kichha, District Udham Singh Nagar.

(2.) The defendants/appellants have also challenged the judgment and order dated 02.02.2015, as it has been referred in the relief clause of the Second Appeal, in question, which related to the finding recorded on issue No.2, as decided by the Trial Court against the defendant/appellant pertaining to the bar created by the provisions contained under Section 331 of U.P. ZA and LR Act on the maintainability of the Suit before the Civil Court.

(3.) The brief facts, as would be reflected from the record, which has been filed by the defendants/appellants before this Court is to the effect that the plaintiffs/respondents had instituted a suit on 9th April, 2013, wherein, he has prayed for a decree of permanent injunction in the nature of relief as claimed therein in para 9 of the plaint, which is quoted hereunder :-