ZILAJEET AND OTHERS Vs. BALA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) The instant second appeal has been filed by the appellants -defendants challenging the judgment and order dated 28.4.2012, passed by the First Appellate Court in Civil Appeal No.6 of 2005 as well as judgment and decree dated 12.1.2005, passed by Trial Court in Civil Suit No. 1083 of 1988.

(3.) Learned counsel for the appellants submits that the respondent has filed suit for permanent injunction which was decreed by the learned Trial Court without getting the land in disputed surveyed, since the appellants -defendants has claim their right over the land in disputed on the basis of Sec. 9 of U.P.Z.A. & L.R. Act, it was necessary to issue survey commission. It is also submitted that the learned Trial Court as well as First Appellate Court have failed to appreciate that the appurtenant land to the house of defendant was liable to be given to the defendant in view of Section 9 of Z.A.& L.R. Act. The question as to what is the appurtenant land has not been considered by the learned trial court as well as first appellate court.