R.B. Mehrotra, J. - (1.) The present appeal has been instituted by the plaintiffs/appellants. The essential facts for adjudication of the appeal are as under:- The plaintiffs Balakdas instituted Original Suit No. 772 of 1972 against defendants Raghubar Dayal in the Court of Munsif ,Jhanshi. In the plaint the case of the plaintiffs in brief was that the disputed place shown by A B C in the map annexed to the plaint is public pathway, which has been used a pathway by the residents of neighbourhood, the plaintiffs and their ancestor for a long time. On the said pathway, the plaintiffs and persons of neighbourhood hold public functions. To the east of the said land there is the house of plaintiffs shown by letter C.F.G.D. The defendants have no right or interest on the said land nor they are owners thereof, nor in possession. The defendants want to raise construction over the said land, if the defendants succeed in doing so, the right of plaintiffs over the pathway will get extinguished. On the above basis, the plaintiffs prayed for the relief of perpetual injunction restraining the defendants from raising any constructions over the land in dispute for all time.
(2.) The defendants contested the above suit and alleged that all the plaintiffs are inter se associates and bear animosity against defendants. The defendants had purchased the disputed land on 2-8-63 at auction sale held by Custodian Officer, Jhansi. It bears No. 159, one of the plaintiffs wanted to purchase the land, however, as the bid of the defendants was highest, the defendant got the land in auction, on account of this the plaintiffs in order to take revenge have filed this suit. The defendants also alleged that the permission to build has been accorded in favour of defendants on 14-6-71 by the Nagar Palika, the plaintiffs forcibly demolished the southern wall standing over disputed land in December, 1972, a report regarding which was launched by defendants on 5/6 December, 1972.
(3.) Upon the pleadings of the parties, the trial Court framed issues. Out of those issues, only following issues are relevant for adjudication of this appeal. Issue No. 1. Whether the place shown by ABCDE in the map annexed to the plaint is a pathway ? Issue No. 2. Whether the defendants are owners of the disputed land and in possession thereof Issue No. 7. Whether the land in dispute is situated in plot No. 159 or not ? Issue No. 8. Whether the sale held by Custodian is liable to be challenged before Civil Court and whether the Civil Court has jurisdiction to adjudicate upon the validity of the aforesaid sale ?;