JHOORI AND OTHERS Vs. SHAMBHOO NATH AND OTHERS

JUDGEMENT

(1.) This second appeal has arisen out of the judgement/decree rendered by first appellate court below i.e. II Additional District Judge, Sultanpur on 21.2.1990 in Regular Civil Appeal No. 49/1986 affirming the judgement/decree rendered in Regular Suit No. 287 of 1984 on 29.3.1986 by the court of III Additional Munsif, Sultanpur.

(2.) The facts of the case in brief are that a suit for permanent injunction was filed by the respondents herein in respect of the disputed land shown in the site plan and marked as 'Aa', 'Ba', 'Sa', 'Da'. In paragraph-3 of the plaint, it was averred that the land in dispute had come to be settled in favour of the plaintiffs within the scope of Section 9 of U.P.Z.A. & L.R. Act as on the date of vesting of land in the State. It was also averred in the plaint that the existing structure had collapsed 2-3 years ago and, as a matter of fact, the disputed land was within the actual possession of the predecessors of the plaintiffs since prior to the enforcement of U.P.Z.A. & L.R. Act.

(3.) The written statement was filed by the appellants herein taking the same stand that they being the successors in interest of the same very family, had perfected their rights under Section 9 of the U.P.Z.A. & L.R. Act. Thus, the suit for permanent injunction was not maintainable against them.