B.Rai, J.

1. This appeal arises out of suit for permanent injunction filed by Darshan Singh which was dismissed by Sub Judge, First Class vide his judgment and decree dated 28.4.1997. Feeling aggrieved Darshan Singh preferred an appeal which was also dismissed by the learned District Judge vide his judgment and decree dated 11.10.1979. Still Darshan Singh, plaintiff being not satisfied has come up in second appeal.

2. Brief facts are that the suit land was owned by the Provincial Government. It was alleged by Darshan Singh that he cultivated the suit land from Rabi 1978, on payment of two times of the land revenue to the Central Government. According to him the defendant had no concern with the suit land; however, they tried to dispossess him forcibly on 10.4.1978 but they were not permitted to do so, Hence, he filed the suit.

3. Nachattar Singh, defendant No. 4 was proceeded against ex-parte by the trial Court. However, other defendants filed the written statement raising objections that the plaintiff is estopped from filing the suit by his act and conduct and the suit in the present form was not maintainable. On merits they pleaded that the entire land of village Sheikh M