A.N.Varma, J. - (1.) This is a defendants' second appeal arising out of a suit for permanent injunction restraining the defendent appellant from interfering with the plaintiffs' possession, Adarsh Co-operative Housing Society, the respondent No. 1 instituted the present suit against the appellant, Both the Courts below have decreed the suit. Hence the second appeal.
(2.) The plaint averments were that the disputed land was owned by a Co-operative Society called Muradnagar Marketing Co-operative Society Ltd which was a Society registered under the U. P. Co-operative Societies Act. Under the various sale-deeds, the said Society purchased plots of land comprising the disputed property from their erstwhile Zamindars. The Muradnagar Marketing Society Ltd. thereafter gifted the entire land to the present Society under a registered gift deed executed on 19-7-1966. The Pradhan of the village, however, illegally allotted portions of plot No. 259 to the U. P. Government Roadways the defendant No. 2 and other defendants who started interfering with the plaintiffs' possession and hence the suit. It was further asserted that the defendants were in collusion with the Pradhan and the Land Management Committee and on the basis of the allotments made by the Pradhan in respect of the land which had already validly vested in Muradnagar Marketing Society and subsequently in the plaintiff-Society, the defendants started interfering with the plaintiffs' possession.
(3.) The suit was contested by the defendants who asserted that the land was lawfully allotted in their favour by Pradhan and in pursuance of the allotment made in their favour, they had also made constructions and were in possession of the same. They denied the title of the plaintiff.;