- (1.) Heard Shri Arvind Srivastava, learned counsel for the appellants and Shri Asim Kumar Singh, learned counsel for the respondents.
(2.) This is plaintiffs' appeal filed under Order 43 Rule 1 (r) C.P.C. challenging the order dated 22.08.2015 passed by the trial court rejecting the application for temporary injunction. Suit was filed by the plaintiff-appellants seeking an injunction to restrain the defendant-respondents, their agents etc. from raising any construction or dispossessing the plaintiff-appellants illegally from over khasra plot no. 541, area 0.230 hc. situate in Mauja Khataina, Mohalrup Kisor, Tehsil and District Agra. The suit was filed through power of attorney holder on the allegation that father of the plaintiff, Phunna s/o Kharaiti was owner in possession over the suit property and his name still continues to be recorded in the revenue record. The suit property was surrounded by boundaries and contains the graveyard of the grandfather of the plaintiffs. Phunna died on 05.12.1985 and thereafter the suit property was inherited by the plaintiffs. It was further pleaded that defendant-respondents are builders, who started raising constructions over the land in dispute forcibly and informed that they have purchased the property by means of a registered sale deed. On enquiry, it was found that the defendant-respondent- II set have executed a registered sale deed in favour of the defendant-respondent- I set, though they have no legal right. The application for temporary injunction was also filed making the same allegations.
(3.) It was pleaded that khasra plot no. 541 was non-agricultural property of which Harish Narain and Awadhesh Narain were Zamindar, who executed a registered sale deed dated 27.02.1950 in favour of Ram Gopal Jain. Their names were recorded in 'khevat' I. Ram Gopal Jain by means of a registered sale deed transferred the suit property in favour of defendant-respondent nos. 1 and 2. It was also pleaded that predecessor-in-interest of plaintiff-appellants were not Zamindar or the owner of the suit property and by means of a registered sale deed dated 21.02.1961, the predecessor-in-interest of the plaintiff-appellants Phunna transferred the possessory rights in favour Ram Gopal Jain by accepting valuable consideration.;