R.K.Rastogi, J. - (1.) This is an appeal against dated 2.5.2005 passed by the Civil Judge(Senior Division), Saharanpur in Original Suit No. 161 of 2005, Zakir Hasan and Ors. v. U.P. Power Corporation Ltd. and Ors.
(2.) The facts relevant for disposal of this appeal are that the plaintiff respondents filed the aforesaid suit against the defendant appellants with these allegations that the property described in Schedule A and B of the plaint shown by letters A E F B in the plaint map were originally owned by Chaudhary Shyam Singh son of Choudhary Asha Ram. Shyam Singh sold these properties to Sardar Jagjeet Singh son of Sardar Anoop Singh vide registered sale-deed dated 5.12.1967. Sardar Jagjeet Singh sold the property described in Schedule A to plantiff No. 1 vide registered sale deed dated 10.10.2002 executed by his general attorney Abbas Husain and put plaintiff No. l in possession of the above property. Plaintiff No. 1 constructed boundary wall towards west of this land which is shown by red line in the plaint map. Sardar Jagjeet Singh also sold the property described in Schedule B to plaintiffs No. 2 and 3 vide registered sale deed dated 13.6.2002 through his general attorney Abbas Husain. Plaintiffs No. 2 and 3 arc in possession of this property. The defendants have got no concern with this property. There is eight feet wide passage towards west of these properties described in Schedule A and B and thereafter there are quarters of Hydle Department. Plaintiff No. l had also purchased the property shown by letters D E F C in the plaint map vide registered sale deed dated 10.10.2002 executed by Sardar Jagjeet Singh through his general attorney Sri Abbas Husain and plaintiffs No. 2 and 3 had also purchased the property shown by letters A B C D in the plaint map from Sardar Jagjeet Singh through his general attorney Sri Abbas Husain vide registered sale deed dated 13.6.2002. In December, 2002 the plaintiffs wanted to construct a boundary wall from A to E towards south of the properties shown by letters D E F C Y A B C D. At that time the defendants' employees obstructed them from doing so. Then the plaintiffs filed original suit No. 76 of 2003, Munawar Khan and Ors. v. U.P. State Power Corporation, in the court of the Civil Judge (Senior Division) Saharanpur and also prayed for interim injunction, and after hearing both the parties the IInd Addl. Civil Judge (Senior Division) passed ail order on 8.2.05 restraining the defendants from causing any interference in construction of the boundary wall as well as other constructions on the disputed land. Aggrieved with the above order the defendants filed Misc. Civil Appeal No. 12 of 2005 in the court of the District Judge, and in that appeal, the District Judge passed an order directing both the parties to maintain status-quo. There was no dispute in that suit in respect of the properties described in Schedule A and B of the plaint but the defendants started to threat that they would not permit the plaintiffs to raise constructions on the property specified in both the schedules and will also demolish their boundary wall and will occupy the land. They also started to demolish the boundary wall. Then the plaintiffs filed this suit for permanent injunction to restrain the defendants from causing any jnterference in digging the foundation and construction of the boundary wall and other constructions in the disputed land specified in Schedule A and B. The plaintiffs also prayed for interim injunction vide their application under Order 39 Rules 1 and 2 C.P.C. They filed the affidavit of Zakir Hasan in support of this application. Photostat copies of the sale deeds executed by Sri Abbas Husain as general attorney of Sardar Jagjeet Singh in favour of the plaintiffs as well as photostat copies of Khewat and Khasra and photostat copy or the record of original suit No. 76 of 2003 were annexed with the aforesaid affidavit.
(3.) The defendant appellants filed a joint written statement in the above suit. They pleaded therein that Shyam Singh was never the owner of the disputed land. He could not execute any sale deed of this property in favour of Sardar Jagjeet Singh nor Jagjeet Singh acquired any title in the property on the basis of the sale deed executed by Shyam Singh and so the plaintiffs could not acquire any title or interest in the disputed property vide the sale deed executed by Sardar Jagjeet Singh through his attorney Abbas Husain. The plaintiffs and their predecessors never obtained possession of the disputed land. The sale deeds relied upon by the plaintiffs are fictitious. Electrical goods, transformers and electric poles are lying on the disputed land. A railway line had been fixed on the disputed land about 60 years ago and it works like boundary wall on the land. The names of the defendants were entered in the municipal record and house tax receipts are also in the name of the defendants. The names of the defendants still find place in the record of Nagar Palika Parishad, Saharanpur. Notice for assessment of the tax was also issued in the name of the defendants by the Nagar Palika. The defendants had been depositing the tax of the land for the time much prior to 1967 when Shyam Singh executed the fictitious sale deed in favour of Jagjeet Singh. Neither Shyam Singh nor Jagjeet Singh got their name mutated in the Nagar Palika records. The plaintiffs have not explained as to what was the area of land in the Khewat and what were its boundaries. The Vakil Commissioner had no right to give any report regarding possession. The plaintiffs had obtained a fictitious report from the Vakil Commissioner.;