R.H.Zaidi, J. - (1.) The above noted two second appeals are defendants' second appear in which questions of law and fact involved were common. They were, therefore, connected on the request made by the learned counsel for the appellants, heard together and are being decided by this common judgment. The second appeal No. 1444 of 2000 shall be the leading case.
(2.) The relevant facts of the case giving rise to the present second appeal, in brief, are that the plaintiff-respondent Lajja Ram filed Original Suit No. 418 of 1997 with respect to plot Nos. 387, 388, 38l 390, 391 and 392 of village Makanpur, district Ghaziabad, for short, 'the land in dispute' for permanent injunction restraining the defendant-appellants from interfering in his possession and use of the land in dispute and not to demolish the construction existing in the said land. Prayer for a direction to the defendant-appellants for grant of permission to construct a multi-storied building in the land in dispute was also made.
(3.) In brief, it was pleaded by the plaintiff-respondent that he was the owner in possession of the land in dispute Firstly his father Raghunath Sahai, son of Anand Swarup, was the owner of the said land for more than 50 years. His name continued to be recorded in the revenue papers upto 1366 Fasli but thereafter by mistake of the Lekhpal it was not recorded. Defendants had no concern whatsoever with the land in dispute but they were extending threats to take illegal possession over the land in dispute and to demolish the construction existing thereon. Therefore, the plaintiff had to file the said suit for the above mentioned reliefs.;