- (1.) Heard counsel for the appellant on point of admission of second appeal and perused records.
(2.) In Original Suit No. 78 of 1992 plaintiffs claimed themselves to be the owner in possession of disputed property, detailed in plaint map by letters 'Sa, Da, Ya, Ra' and sougth relief of permanent injunction against defendants. The defendants filed written-statement alongwith counter-claim, and claimed themselves to be the owner in possession of disputed abadi land. They pleaded that this disputed abadi land has been settled with them under section 9 of UPZA & LR Act, and plaintiffs be restrained from interfering in possession of defendants.
(3.) After affording opportunity of hearing to the parties and accepting their evidences, the Court of 10th Additional Civil Judge, Azamgarh had dismissed the suit of plaintiffs and decreed the counter-claim of defendants by its judgment dated 14.8.1997. By this judgment trail court had restrained plaintiffs from interfering in possession of defendant over disputed land.;