Ved Prakash Vaish, J. - (1.) Heard Sri Mehndi Abbas Rizwi, Advocate holding brief of Sri I.D. Shukla, learned counsel for the appellant and Sri R.K. Srivastava, learned counsel for the respondents.
(2.) By this common judgment, I will decide Second Appeal No.339 of 2004 filed by the appellant/plaintiff and Cross Objection No.1 of 2005 filed by the respondents/defendants against the judgment and decree dated 03.08.2014 passed by learned 4th Additional District Judge, Faizabad, as both are against the judgment dated 03.08.2004, both are between the same parties and involve similar question of law.
(3.) The brief facts of the present case are that the appellant, Bansi Dhar Shukla (who was plaintiff in the original suit) filed a suit for permanent injunction against the respondents bearing Original Suit No.269 of 1982. The case of the appellant/plaintiff was that the land situated in plot No.42/2, Village Ranopali was taken on lease by him from Raja Jagdish Prtap Shahi, Sarbarahkar of the temple Sri Thakur Raj Rajeshwari Sri Sitaram Ji Virajman Mandir Diyara, Post Diyara, Pargana Aldemau, District Sultanpur vide lease deed dated 03.11.1981 and the same was got registered on 18.02.1982, the same is shown in the site plan filed along the plaint. The respondents/defendants tried to interfere in the peaceful possession of the appellant. Hence, the appellant filed a suit for permanent injunction against the defendants.;