SHAHJADI Vs. ROOP LAL

JUDGEMENT

(1.) Counter and rejoinder affidavits filed today are taken on record.

(2.) The instant petition is directed against the order dated 19.1.2017 passed by the trial court in Original Suit No. 1388 of 2015 rejecting the application for temporary injunction filed by the plaintiff-petitioner as well as the order dated 5.9.2019 passed by the Appellate Court dismissing the appeal.

(3.) The petitioner instituted the suit with the allegation that the suit property bearing no. 326 measuring 0.1340 hectre, is in joint possession, use and occupation of the parties. The specific case was that the suit property had vested in Gopal Nishad (the ancestor of the parties) under Section 9 of U.P.Z.A. and L.R. Act, 1950. The petitioner along with proforma defendants claim to be daughters of Bhullar alias Mullar (grandson of Gopal Nishad). Respondent Rup Lal (defendant no.1) is son of Nirdhin and grandson of Gopal Nishad and the other two (defendant no. 2 and 3), his great grandsons (hereinafter referred to as contesting defendants).