ORDER

This appeal by special leave arises from the judgment of the learned single Judge of the Allahabad High Court, made in Second Appeal No.1252/73 dated November 30, 1980. The appellant had filed the suit for perpetual injunction to restrain the respondent from interfering with his possession and enjoyment of 10 feet/65 feet land towards east of his house No.15/45 situated in Kanpur. According to him, he purchased the plot No.15/45 from the Church under a sale deed in the year 1937 and eversince has been in possession and enjoyment of his property. He had enclosed the disputed property by putting up a wall using it for poultry farming and during summer for sleep in the open area. It is also his case that he had paid najrana to the Church and became its owner. The plea of payment of najrana and of becoming owner was given up. The respondent has pleaded that the respondent s predecessor in title by name S.W. Lawrence had purchased plot No. 15/44 from the church in 1965, and as owner of the property, was in enjoyment of the property. He later on claimed to have purchased plot No.15/43. He contended that no perpetual injunction could be granted against him, he being a true owner. Bot