R.H. Zaidi, J. - (1.) THIS is a defendants' second appeal arising out of a suit for permanent injunction. The plaintiff respondents filed Original Suit No. 395 of 1988 pleading that they were Bhumidhars in possession of the land in dispute. The defendants were illegally threatening them to disposes from the land in dispute and to include it in their land although they had no right to do so. Hence the suit.
(2.) DURING the pendency of the suit on an application made by the plaintiff respondent, the plaint was amended and the reliefs for possession and damages @ Rs. 4,000 per annum for removal of paddy crop by the defendant appellants were also added. The suit filed by the plaintiff respondents was contested by the defendant appellants who filed their written statement. It was admitted that the plaintiff respondents were the Bhumidhars of the land in dispute but on the spot they were not in possession. The dispute was pending disposal before the Additional Collector, Bulandshahr with respect to the plots in dispute, Civil Courts, therefore, had no jurisdiction to entertain and decide the suit, that in addition to the defendant appellants, Wahid Husain and Abdul Hamid were also in possession of the land in dispute, they were necessary parties but they were not impleaded in the suit, that the defendant appellants never cut away any paddy crop, they were, therefore, not liable to pay any damages.
(3.) ON the pleadings of the parties, the trial court framed issues. The parties thereafter produced evidence, oral and documentary, in support of their cases. The trial court after perusing the material on record, returned findings on relevant issues in favour of the plaintiffs -respondents and decreed the suit by the judgment and decree dated 9.11.1993. Challenging the validity of the said decree, Civil Appeal No. 141 of 1993 was filed by the defendant appellants before the Court below. The Court below affirmed the findings recorded by the trial Court and dismissed the appeal by its judgment and decree dated 25.7.2000. Hence the present second appeal.;