V. N. Khare, J. - (1.) The above second Appeal filed on behalf of the plaintiff-appellants and the cross objection, filed on behalf of defendants-respondents-objectors, arise out of the judgment and decree passed by Civil Judge, Muzaffarnagar on 13th of July, 1979 in Civil Appeal No. 404 of 1978, and, therefore, both are being disposed of by a common judgement.
(2.) Asha Ram, the plaintiff, filed Suit No. 45 of 1977 for issue of permanent injunction restraining the defendants-respondents from interfering, in any way, with his possession over the land in dispute. According to the plaint allegations the plaintiff-appellant (Asha Ram was the Bhumidhar in possession over plot No. 355 measuring 16 Biswas situate in village Dinkarpur Pargana Shikarpur district Muzaffarnagar, along with Mitter Sen and others. The land has been shown by letters A B C D in the site plan attached to the plaint. It was alleged that there stood trees of mango, Neem, Pipal, Guava and Shisham etc. on the said land and there also existed Kachha Kothri and a fodder cutting machine on the said land. Alternatively, the plaintiff (Asha Ram) alleged that the land was settled with him under Section 9 of the U. P. Zemindari Abolition and Land Reforms Act 1950 and the defendants respondents have got no concern with the said land. Since they wanted to take forcible possession of the land and to demolish the constructions standing thereon, he filed suit for permanent injunction.
(3.) The defendants respondents contested the suit and filed written statement. In the written statement it was alleged that the defendants-respondents Ghasita and Ali Jan were owners in possession of the said land and the trees, cattle through hand pipes, Kotha and the fodder cutting machine on the said land belonged to Ali Jan and Gasita. It was also alleged that Ali Jan and Ghasita were in possession of the land in suit since long time and it has been settled in their favour under Section 9 of the U. P. Act No. 1 of 1951. They alleged that the defendants Ali Jan and Ghasita were coming down in possession of the land for about 10 years before the Zamindari Abolition and the suit for permanent injunction filed by the plaintiff was not maintainable.;