Mahendra Dayal, J. - (1.) THIS Second Appeal was admitted for hearing on 19.10.2001 on the following substantial questions of law: - "1. Whether the violation of provisions of Order 41 Rule 31 vitiates the appellate judgment?
(2.) WHETHER in the absence of any prima -facie title in favour of the plaintiff, the suit for permanent injunction, was triable by the Civil Court? Whether omission to notice Explanation to section 331 of the U.P. Z.A. and L.R. Act 1950, has vitiated the impugned judgment - 2. I have heard the learned counsel for the parties and have perused the record. 3. The defendant/appellants have preferred this second appeal against the judgment and decree passed by the 5th Additional Munsif, Raebareli in Regular Suit No.93 of 1988, whereby the suit for permanent injunction was decreed and the judgment and decree dated 7.9.2001 passed by the District Judge, Raebareli in Regular Civil Appeal No. 45 of 1989, whereby the appeal preferred by the defendant/ appellants was dismissed and the judgment and decree of the trial court was affirmed.
(3.) BRIEFLY stated the facts are that the plaintiff/ respondent filed a suit against the defendant/ appellants for Permanent Injunction with the allegation that the plaintiff/ respondent was the owner in possession of Gata no.215 situated at? village Baruwahar, Pargana Sareni,Tehsil Lalganj,? District Raebareli and Gata No. 171 situated at? village Sairapur, Pargana Sareni, Tehsil Lalganj, District Raebareli. It was further stated that the defendant/ appellants without any right or title have been threatening to take forcible possession over the? said plot of land and have also been trying to cut the standing crops. The defendant/ appellants contested the suit by filing a written statement and stated that the disputed land was originally owned by Sanwley Singh who was the husband of the plaintiff/ respondent.? The defendant/appellant no.1, namely, Raj Bali Singh is the rial nephew of Sanwley Singh and on account of natural love and affection and also on account of the fact that he used to look after Sanwley Singh, he executed a will in favour of Raj Bali Singh.? However, the plaintiff/ respondents concealing the aforesaid facts got her name mutated in the revenue record with the help of Lekhpal and also started cultivation over the said plot of land.? The application for mutation moved by the defendant/ appellants was still pending.? The defendant/appellants also pleaded that the suit was barred by Section 331 of U.P. Z.A. and L.R. Act. The defendant/appellants feeling aggrieved by the judgment and decree of the trial court, preferred a Civil Appeal before the District Judge, Raebareli, which was also dismissed and the findings recorded by the trial court was confirmed.;