BIR SINGH Vs. KESHO RAM

JUDGEMENT

(1.) THIS is a defendant's second appeal against the judgment and de cree of the District Judge, Muzaffarnagar dated 6th of February, 1970.

(2.) THE plaintiff respondent had filed a suit, No. 3 of 1966, under Section 202 of the U. P. Z. A. and L. R. Act, for the ejectment of the defendants appellants from the plots in dispute. The suit was decreed on 20-5-1967. An application for execution of that decree was made and it is said that plaintiff obtained the 'dakhal' over the plots in dispute on 24-5-1967. On 17th of Octo ber, 1967, plaintiff filed the present suit claiming a decree for permanent injunction, restraining the defendants from interfering with his possession over or cultivation of the land in suit.

(3.) THE defendants went up in ap peal. The lower appellate court affirmed the decree passed by the trial court and dis missed the appeal. The defendants have now come up in second appeal before this Court.