- (1.) Heard learned counsel for the appellants. None appeared on behalf of respondents though case is called in revised, hence we proceed to decide this appeal ex parte.
(2.) This appeal under Section 96 of Code of Civil Procedure has arisen from judgment and decree dated 28th September, 1998 passed by Shri R.N.Mishra, Vth Additional Civil Judge, Meerut, decreeing Original Suit No. 634 of 1992 granting injunction in favour of Plaintiff-respondents restraining defendant nos. 2 and 3 from interfering in possession of plaintiff respondents over disputed land.
(3.) Learned Standing Counsel stated that in the present appeal he is concerned only with plot no. 51. It is said that notification under Section 20 of the Indian Forest Act 1927 (hereinafter referred as 'Act 1927') was issued on 31 July 1971, declaring Khasra No. 51 area 5 Bigha, 15 Biswa as Reserved Forest Land and that being so it could not have been purchased or possessed by plaintiff-respondents and the alleged possession was wholly illegal. The court below has not considered this aspect correctly and therefore has erred in law.;