Hon’ble Jagdish Bhalla, J.—The instant First Appeal has been preferred under Section 104 read with Order 41 Rule 1 (r) of Civil Procedure Code against the order dated 18.1.2006 passed by Civil Judge Senior Division, Lucknow, rejecting the application Ga-6 filed under Order 39 Rule 1 and 2 of C.P.C. for temporary injunction in regular suit No. 928 of 2005, Kunwar Jaini Singh v. M/s Viraj Constructions Pvt. Ltd. and others.

2. Factual matrix is as under :

The appellant-plaintiff filed a suit for permanent injunction restraining the respondents-defendants or their agents claiming or acting on their behalf from either dispossessing the appellant-plaintiff or by any means causing interference over the peaceful enjoyment of proprietary possession of the appellant-plaintiff over the property in suit, described in the plaint.

3. With the aforesaid ends and view the application 6-C for temporary injunction was filed before the learned trial Court stating that the appellant was under threat of dispossession from the land referred to in the plaint situated in the city of Lucknow; originally the Nazul Officer Lucknow granted perpetual lease of intra Municipal Nazul land situated in Mohalla Butler Ganj, P.S. Hazratganj, Lucknow in respect of Nazul land comprising Khasra Plot No. 99/11 measuring about 9 Bigha, 2 Biswas, 16 Biswansi, 8 Kachwansi under the indenture dated 2.8.1917 in the name of Sardar Nihal Singh.

4. Sardar Nihal Singh being a duly enlisted Taluqedar in Part V of the Oudh Estate Act and was governed by the law of primogeniture under the said Act therefore, on his death his eldest son Sardar Shamsher Singh became the Taluqedar of the estate known as Bhira Govindpur Estate, Raebareli. The genealogical table is reproduced as under :

Sardar Shamsher Singh (Died on 28.11.1994)

Kunwar Daljit Kaur Indra Jeet Kaur

Brijendra Singh (died on

(died on 2.9.1995) September 1993)

Married in 1960 Shiv Om Singh Jaini Singh (husband)

Narendra Kumari (wife) (husband)

Princi Pinki

(1996 Madhu Singh alleged

to be wife & contested for herself

and sons Mohit Singh and Shobhit Singh)

(19.2.1996-Succession Certificate issued

in favour of Narendra Kumari and Neeta Kumari

(Annexure No. 11, Page 144)

Neeta Kumari

Surendra Jagjit Raj Singh

Singh alias Singh alias alias

Goldie Vineet Amit

5. It is also relevant to mention that Sardar Nihal Singh S/o Capt. Gulab Singh is alleged to have executed a Will deed dated 25.8.1943 in favour of Sri Sardar Shamsher Singh bequeathing all the movable and immovable properties owned by him. Consequently, on account of succession to the estate, Sardar Shamsher Singh became the exclusive owner of several lands with buildings including the property in suit. The property in suit consisted of entire land covered by the lease deed dated 2.8.1917 and extensive main Kothi, several out houses and servant quarters situated at the south-western corner. The State of U.P. acquired main Kothi and land measuring 181046.178 sq. feet for construction of office, hostel, research laboratory etc., of U.P. Ganna Sansthan, Lucknow. In consequence of the aforementioned acquisitions, two portions of land left out. The first portion where a garage was maintained measuring 22,120 sq. feet behind the main Kothi and the other on south measuring 33,050 sq feet building New Berry Road on the west and Rana Pratap Marg on the South, comprised several servant quarters on its south western corner. Subsequently during the process of said acquisitions vide order dated 11.1.1988, the motor garage was acquired by the State of Uttar Pradesh for construction of training hostel of U.P. Ganna Kisan Sansthan, Lucknow. Consequently, Sardar Shamsher Singh was left with the southern portion mentioned above. He had constructed his residential house in the year 1978. The property left with Sardar Shamsher Singh was land measuring 33050 sq. feet consisting of residential hou