Sudhir Agarwal, J. - (1.) This is a plaintiff's appeal under Section 100 of Code of Civil Procedure (hereinafter referred to as "CPC") arising from judgment and decree dated 22.02.1980 passed by Sri Harish Chandra, District Judge, Etah in Civil Appeal No. 150 of 1977 which has been allowed by Lower Appellate Court (hereinafter referred to as "LAC") and judgment and decree dated 26.06.1977 passed by Sri Chottey Lal, Munsiff, Etah in Original Suit (hereinafter referred to as "OS") No. 281 of 1973 has been set aside and suit has been dismissed.
(2.) The appeal was admitted on following three substantial questions of law:- "A) Whether disclosure of the evidence is essential in plaint and was Lower Appellate Court justified in observing that plaint did not contain source of title of plaintiff.B) Whether Lower Appellate Court was justified in ignoring material documents and dismissing plaintiff's suit after misconstruing evidence.C) Was the decree of Lower Appellate Court is illegal?"
(3.) Facts in brief, giving rise to the present dispute, are that plaintiffs, Nisar Ahmad and Siraj Ahmad, both real brothers and sons of Abdul Jamil, resident of Ganj Dundwara, Mohalla Mansoor Pargana Patiyali, District Etah, instituted OS No. 281 of 1973 in the Court of Munsiff, Etah impleading six defendants i.e. Abdul Aziz, Abdul Majid, Abdul Hafiz, Abdul Habib, Abdul Rashid and Abdul Bashir, all real brothers and sons of Abdul Kadir, seeking a prohibitory injunction against defendants so that they should not interfere in plaintiffs' possession over land, bearing plot no. 1209, area 36 decimal.;