- (1.) It is admitted case that Ali Jan, plaintiff of the Original Suit No. 654/1992, was recorded tenure holder and bhumidhar of disputed agricultural property detailed in the plaint. It is also admitted that from his first marriage, defendants Fazroo and Wakaru were born. From second marriage of Ali Jan with Smt. Sugra (plaintiff no. 1/3), two sons Shakaruddin (plaintiff no. 1/1) and Mohd. Rashid (plaintiff no. 1/2) were born.
(2.) Plaintiff Ali Jan had filed original suit against his two sons Fazroo and Wakaru with averment that his sons Fazroo (defendant no.-1) and Wakaru (defendant no.-2) born from his late first wife are unauthorizedly attempting to take possession of his disputed bhumidhari property from him. Therefore, defendants be restrained by means of permanent injunction. After filing of the original suit, Ali Jan died and was substituted by his second wife Smt. Sugra and her two sons.
(3.) In original suit, defendants had filed joint written-statement, which was, in fact, filed after the death of original plaintiff. In this written-statement, they had admitted that in revenue records, name of late Ali Jan is recorded. They further pleaded that Ali Jan had partitioned his land and gave the possession of some land to defendants, over which they are in occupation. Ali Jan had not executed any will-deed dated 27.8.1992. The dispute of ownership of this land is pending before revenue courts. Suit is barred by Section 331 of U.P. Z.A. & L.R. Act and is liable to be dismissed.;