VAKILUDDIN Vs. MAHABIR PRASAD

JUDGEMENT

(1.) This is an appeal by the defendants in a suit for injunction restraining the defendants from taking possession over plot 584, old, corresponding to plot 234/1, new measuring 13 bighas and 8 biswas, in village Mohammadpur, District Allahabad.

(2.) This relief was claimed by the plaintiffs on the allegation that, as residents of the village, they bad acquired certain rights by custom and that, therefore, the defendants were not entitled to take possession of the plot. The plaintiffs had, in the first instance, taken proceedings against the defendants under Section 145, Criminal P.G., but, having failed in the criminal Court, filed the suit giving rise to the present appeal.

(3.) The defence taken by defendant 1, who was the only contesting defendant was that on 19-4-1944, he had obtained a lease of the plot which belonged to Rani Gomti Bibi of Phulpur from the Court of Wards, in charge of her estate, and that the plaintiffs, not being entitled to the rights mentioned in the plaint, had no justification in objecting to the defendants' taking possession of the land.