ALLAH RAHAM, J. - (1.) THIS is an appeal against the judgment and decree dated 20.11.1978 passed by Civil Judge, Faizabadin Civil Appeal No. 220 of 1978 allowing the appeal of defendant respondent and setting aside the judgment and decree dated 24.11.1977 passed by Second Additional Munsif, Faizabad in regular suit No. 364 of 1971 and thus dismissing the suit of the plaintiff appellant.
(2.) IT appears that the plaintiff Anwar Khan (now deceased and represented through 1/a Haseen Ahmad Khan and 1/b Parvez Anwar Khan) filed a suit (No. 364 of 1971) against the State of Uttar Pradesh for the relief of permanent prohibitory injunction restraining the defendant from interfering in plaintiff's possession over the house and Ahata whose boundaries are given at the foot of the plaint. He further sought injunction against the State and prayed that the State be restrained from auctioning the disputed property. The plaintiff claimed that he is owner in possession of the house and Ahata which is Parcha Shuda land (Rent Free Lease) and part of Chak No. 1 of plot No. 247. The house and Ahata in dispute are part of Nazool plot No. 1052 which is included in Parcha Shuda plot No. 247. One Chhabiley Khan and Bismillah Khan, predecessors -in -interest of the plaintiff were the owners in possession of the said house and Ahata for the last 100 years. The house and Ahata was in dilapidated condition and the plaintiff started reconstructing the same but construction was stopped by the defendant. Now the plaintiff has come to know that defendant is intending to settle the disputed property with some other persons though they have no right to put the said property to auction, hence this suit.
(3.) DEFENDANT contested the suit on the grounds inter alia that plaintiff has no concern with the disputed property nor is he in possession over the same. It has been also asserted that the plaintiff was never in possession over the disputed property. The defendant is the owner in possession over the disputed property. The defendant has been wrongly impleaded as a party to this suit. The suit is liable to be dismissed with costs.;