CHANDRAWATI Vs. FAISAL KHAN

JUDGEMENT

(1.) This is a defendant's second appeal. The plaintiff-respondents (for short, ''the plaintiffs') instituted O.S. No. 63 of 1983 in the Court of Munsif, Amroha, District Moradabad against the four defendants, seeking relief of permanent prohibitory injunction, to the effect that respondent Nos. 2 and 3 be restrained perpetually from delivering possession of the suit property to defendant Nos. 1 and 4 and to maintain status quo on the spot. The Trial Court, vide judgment and decree dated 22.02.1992 decreed the suit restraining defendant Nos. 1 and 4 from interfering with the plaintiffs' possession over the suit property. Defendant Nos. 2 and 3 were declared tenants in the said property and were ordered by the decree to attorn the plaintiffs as their landlords. A declaration was also made in those terms. The sole appellant, Smt. Chandrawati, who was defendant no. 1 to the suit, is hereinafter referred to as ''the defendant'. The plaintiff-respondents, who are arrayed here as plaintiff-respondents first set, are hereinafter referred to as ''the plaintiffs'. Defendant nos. 2 and 3, who are arrayed as respondent Nos. 5 and 6 in the second set, shall be hereinafter referred to as ''defendant nos. 2 and 3'. The defendant No. 4 to the suit Usman Ali, Advocate here arrayed as respondent No. 7 in the second set, shall be hereinafter referred to as ''defendant No. 4'.

(2.) Aggrieved by the aforesaid decree, the defendant carried an appeal to the District Judge, Moradabad where it was registered as Civil Appeal No. 137 of 1992. Upon assignment, it came up for determination before the Court of the 4th Additional District Judge, Moradabad, who by the impugned judgment and decree dated 12th March, 1996, dismissed the defendant's appeal with costs and affirmed the Trial Court.

(3.) Aggrieved, this appeal from the appellate decree has been filed.