Judgement

KAPADIA, J. :- Leave granted.

2. Plaintiff (appellant No.1 herein) instituted Civil Suit No. 202/77 for permanent injunction in the court of Additional Munsif Magistrate-VII, Ballia, against defendants-respondents. In the said suit appellant sought permanent injunction restraining the defendants from interfering in the possession of the land in dispute or from raising boundary wall. In the suit it was alleged that the appellants owned a house from the time of their ancestors; that their sehan was towards the south of the said house; that the said sehan was in their possession even prior to the enactment of U.P. Zamindari Abolition and Land Reforms Act, 1950; and that their cattle, palanis and troughs etc. existed on the said land which was utilized by the appellants for different household purposes. The appellants further alleged that the disputed land was unbounded and that they had started construction of the boundary wall after leaving a small passage between their house and the sehan. The appellants further stated that they could not complete the boundary wall as they had to go to Bombay where they were employed; that when they came back from Bombay to the village they