SUNEET KUMAR,J. - (1.) The plaintiff -applicants have approached this Court assailing the judgment and order dated 3 December 2015 passed by the Additional District Judge, Court No. 5, Bijnor in Appeal No.15 of 2015 and Appeal No. 16 of 2015 (Pawan Singh and others vs. Musharrat Ali and others), whereby, the order passed by the trial court granting injunction to the applicants has been set aside.
(2.) The defendant -respondents are owner of agricultural land being Khasra No.149 ad -measuring 2.659 hectare, which was granted to the applicants no. 1 & 2 by father of respondents no. 1 to 6 through a contract (Theka) dated 26 August 2004 for a period of 10 years for setting up brickkiln. The contract is an unregistered document. In the plaint it was averred that upon expiry of the term of the lease, the applicants with the consent of the respondents, enhanced the rent to Rs.18000/ - and renewed the lease till 2024. It was further contended that the applicants are in possession over the property. The respondents contested by filing written statement and counter claim. The trial court allowed the interim injunction application restraining the respondents from interfering with the suit property. In the written statement/counter claim it was contended that upon expiry of the term of the lease, respondents have leased the property for five years to the third respondent at Rs.1,40,000/ - per annum. The learned trial court passed an injunction order dated 19 February 2015 restraining the respondents from interfering in the peaceful possession of the petitioners and rejected the injunction application filed by the respondents along with counter claim. Two appeals were preferred by the respondents, which was heard and decided by a common order which is impugned in the present petition under Article 227 of the Constitution.
(3.) During pendency of the appeal, an order of status quo was operating.;