Jagdish Bhalla, J. - (1.) The instant First Appeal has been preferred under Section 104 read with Order 41 Rule 1 (r) of Civil Procedure Code against the order dated 18.1.2006 passed by Civil Judge Senior Division, Lucknow, rejecting the application Ga-6 filed under Order 39 Rule 1 and 2 of Civil Procedure Code for temporary injunction in Regular Suit No. 928 of 2005, Kunwar Jaini Singh v. M/s Viraj Constructions Pvt. Ltd. and others .
(2.) Factual matrix is as under: The appellant-plaintiff filed a suit for permanent injunction restraining the respondents - defendants or their agents claiming or acting on their behalf from either dispossessing the appellant-plaintiff or by any means causing interference over the peaceful enjoyment of proprietary possession of the appellant-plaintiff over the property in suit, described in the plaint.
(3.) With the aforesaid ends and view the application 6-C for temporary injunction was filed before the learned trial Court stating that the appellant was under threat of dispossession from the land referred to in the plaint situated in the city of Lucknow; originally the Nazul Officer Lucknow granted perpetual lease of intra Municipal Nazul land situated in Mohaila Butler Ganj, P.S. Hazratganj, Lucknow in respect of Nazul land comprising Khasra Plot No. 99/11 measuring about 9 Bigha, 2 Biswas, 16 Biswansi, 8 Kachwansi under the indenture dated 2.8.1917 in the name of Sardar Nihal Singh.;