LALA Vs. PYARE LAL REP

JUDGEMENT

(1.) THIS defendants' second appeal arises out of suit No. 32 of 1978 for permanent injunction restraining the defendants from interfering with the possession of the plaintiff on the land shown in red colour in plaint map; from digging the foundation and construction and further to demolish the newly constructed wall 'ab' during the pendency of the suit and for possession. The suit was decreed by the trial Court on 31-10- 1979. The appeal No. 132 of 1979 filed by the defendant was dismissed on 18-7- 1980.

(2.) THE second appeal was admitted on 19-5-1981 on the substantial question of law : "the substantial question of law involved is whether the finding of the lower Appellate Court on the question about plaintiff's title is vitiated by misreading of Ex. 4; by misapprehension of the case of the parties and otherwise also on account of fact that it was not disputed between the parties that the land in suit forms part of old plot No. 58 (now plot No. 308)?"

(3.) LEARNED Counsel for the appellant submits that after the abolition of 'zamindari' by the U. P. Z. A. and L. R. Act, 1950 all the agricultural land vested in the State and that the Zamindars lost their right to deal with land and to execute 'izazatnama' (permission to occupy the land ). The Counsel for the respondent submits that this question was not framed as substantial question of law and in any case the registered 'izazatnama' of Araji No. 58 clearly shows that the land falls within the Municipal Board and that the urban zamindari was not abolished till then. The zamindar as such had a right to execute 'izazatnama' in favour of Nanku, the father of the plaintiff.