Judgment :-

Tarun Chatterjee, J.

1. Delay condoned.

2. Leave granted.

3. Application for substitution is allowed.

4. This is an appeal filed at the instance of the plaintiff-appellant challenging the judgment and decree dated 26th of July, 2006 passed by the High Court of Judicature at Allahabad in Second Appeal No. 956 of 1976, whereby the High Court had dismissed the appeal on the ground that the same was concluded by concurrent findings of fact and, therefore, no substantial question of law was involved in the same.

5. The appellant as plaintiff instituted a suit for permanent injunction restraining the defendants-respondents from interfering with his possession in respect of a building situated in Plot No. 4934 in Village Bhavanipurva Muhal Usufzama in the District of Banda (hereinafter referred to as "suit property") in the Court of Munsif, Banda. He claimed to have purchased the suit property from one Mr. Rajjan by a sale deed dated 27th of December, 1966. When the Zamindar of the suit property objected to the said sale, the plaintiff- appellant by way of an abundant caution, once again purchased the entire building on the suit property from the Zamindar Sekh Anwar- Usufzama a