The suit of the plaintiff for permanent injunction on the basis of allotment alleged to have been made by Gaon Sabha and possession was dismissed by the first court. Lower appellate court has allowed the appeal and decreed the suit.
The submission of learned counsel for the defendant-appellant is that no documentary evidence was adduced to prove the allotment of the land in dispute in favour of the plaintiff and the trial court has returned a finding that the defendant-appellant is in possession of the land in dispute for the last over 40 years.
In such circumstances, merely on the basis of revenue entries, the lower appellate court was not justified in granting the decree for permanent injunction. It has also been submitted that the suit of the defendant for declaration of his rights against the plaintiff under Section 229-B of the U.P. Z.A. & L.R. Act is pending.
Issue notice to the respondents no. 1 and 2 by registered post.
Until further orders of this court parties are directed to maintain status-quo with regard to possession and the nature of the land in dispute.
Order Date :- 19.10.2010 piyush