JAGRAJ BEHARI TWICKLAY Vs. BRIJBANS BIHARI TWICKLY

JUDGEMENT

(1.) This appeal arises out of Original Suit No. 222 of 1992 dismissed by IV 'Additional Civil Judge, Agra on 27.1.1994. The suit was filed by the plaintiff/appellant for permanent injunction against the defendants/respondents restraining them from transferring their rights in plot No. 465 and three Kothis numbered as 3/8, 3/9 and 3/10 existing thereon in excess of their 3/4th share therein.

(2.) The appeal was heard and decided by a Division Bench of this Court of which one do us (Justice R.R.K. Trivedi) was a member on 27.11.1997. The plaintiff/appellant was granted permission to withdraw the first appeal and original suit in question with liberty to file a fresh suit after removing the formal defect. The defect was that the State of U.P. and Collector of Agra had not been arrayed in the suit despite the fact that-their action in renewing the lease in respect of disputed property only in the names of three sons of Prem Behari was a question of substantial importance for deciding the suit. Defendant No. 1 went in appeal before the Supreme Court being Civil Appeal No. 5612 of 1998. By order dated 9.11.1998, the Supreme Court set aside the judgment of this Court dated 27.11.1997 and directed for the disposal of the appeal on merits. It is in this way that the appeal has again come up for hearing.

(3.) The case of the plaintiff/appellant was that he was co-lessee tenant in possession of municipal Nazul land being plot then bearing No. 465, now bearing plot No. 3 area 3.88 acres in dispute and was co-sharer of three buildings bearing No. 3/8, 3/9 and 3/10 standing thereon. Vinod Behari had taken on lease the said plot No. 465 for ninty years by a registered lease deed dated 9.1.1917 commencing from 1.10.1916 from Collector, Agra.