- (1.) Heard Sri Vandeep Nath, for the petitioner and Sri Anirudh Pratap Singh, for the respondents.
(2.) This petition has been filed for setting aside the orders of Additional Chief Judicial Magistrate dated 21.02.2015, granting interim injunction and restraining the petitioner from interfering in possession of the respondents, over plot 1006 (area 0.440 hectare) of village Ailwal, tappa Athaisi, pargana Nizamabad, district Azamgarh, shown by letters A, B, C, D in the plaint map and Additional District Judge 23.12.2015, dismissing appeal of the petitioner, against aforesaid order.
(3.) Suman Kumar Singh and others (respondents-1 to 6) filed a suit (registered as O.S. No. 145 of 2014) for permanent injunction, restraining the petitioner and respondents-7 to 11, from interfering in their possession over plot 1006 (area 0.440 hectare) of village Ailwal, tappa Athaisi, pargana Nizamabad, district Azamgarh, shown by letters A, B, C, D in the plaint map. The plaintiffs took plea that Surya Kumar Singh and his wife Smt. Bhagauti (grand parents of the plaintiffs) were zamindar and owner of the disputed land. Under U.P. Urban Area Zamindari Abolition and Land Reforms Act, 1956, survey of agricultural land was conducted, in which an area of 0.147 hectare of plot 1006 was found as agricultural land and its zamindari was abolished and after abolition of zamindari, the plaintiffs became its bhumidhar. Remaining area of 0.293 hectare of plot 1006 was non-agricultural land and its zamindari was not abolished and the plaintiffs were its zamindar. Different area of plot 1006 was illegally recorded in khatas 43, 72 and 296 of the defendants as tenant. On basis of this entry defendants can, at the most, use the land. They have neither transferable right nor any right to raise construction and change its nature. Defendants first set is illegally going to sell the land to defendants second set, for which they had no right. On these allegations, suit has been filed. Along with the plaint, an application for interim injunction has also been filed.;