Hon’ble Krishna Murari, J.—By means of this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the judgment and order dated 2.8.2006 passed by the District Judge, Allahabad allowing the Misc. appeal filed by the defendant-respondent against the order of the trial Court granting temporary injunction.

2. Heard Sri Murlidhar, Senior Advocate assisted by Sri Lihazur R. Khan appearing for the petitioners, Sri Maya Shankar for respondent No. 1 and Sri A.K. Mishra and Sri B.B. Paul for respondent No. 2.

3. Relevant facts giving rise to the present dispute are as under :

An area of 277.42 acres of land which includes the suit property falling in Mauza Jahangirabad Uparhar Ganjia, Pargana Arail, Tehsil Karchhana district Allahabad was acquired by the State Government in the year 1915 for Municipal Board, Allahabad (Now Nagar Nigam, Allahabad) for public purposes namely Sewage plant and drainage. Out of the total acquired land an area 45 hectares was decided to be transferred against consideration of Rs. 11 crores to the Allahabad Development Authority vide resolution dated 22.2.2005 for development of residential scheme namely, ‘Nav Prayag’. When the Allahabad Development authority started development of the land for the said purposes the petitioners and several other persons filed various writ petitions before this Court seeking a direction to the respondent not to evict them except in accordance with law. Writ petition filed by the present petitioners was numbered as civil misc. writ petition No. 76191 of 2005 (Ahmad Mustafa and 34 others v. State of U.P. and 3 others). All the writ petitions were clubbed together and were dismissed vide order dated 23.3.2006 with an observation that the petitioners may, if so advised, file a suit for declaration and injunction. The aforesaid order passed by the Division Bench of this Court was affirmed by the Hon’ble Apex Court vide judgment dated 8.5.2006.

4. After dismissal of the Special Leave Petition by the Hon’ble Apex Court the petitioners filed original suit No. 384 of 2006 before the Civil Judge (Senior Division), Allahabad claiming perpetual injunction against the defendant-respondent, their personnel/employees, representatives not to interfere in the peaceful possession of the property in dispute and also not to evict them without following the procedure prescribed by law. An application for grant of temporary injunction was also moved.

5. The suit was filed on the allegations that the land in dispute is situate in village Jahangirabad Uparhar Ganjia, Pargana Arail, Tehsil Karchhana district Allahabad where the Zamindari has not been abolished and the ancestors of the plaintiffs were occupancy tenants of the plots shown in List-Ka with the plaint and the plaintiffs and other co-tenants were also occupancy tenants of the plots shown in List-Kha. Earlier Nagar Palika, Allahabad was Zamindar of the plots in dispute mentioned in the two lists who recovered rent from the plaintiffs and the plaintiffs and other co-tenants are in continuous possession of the plots in question and are cultivating the same. It was further pleaded that defendant-respondent No. 2 Allahabad Development Authority has no concern with the disputed plots as it is not the owner of the same. The plots in dispute have not been acquired by the Allahabad Development Authority nor any compensation has been paid. It was also pleaded that the land in dispute was acquired for Nagar Palika, Allahabad in the year 1915 for the purpose of constructing a tank of dirty water and Sewer plant. Nagar Palika constructed a tank for dirty water and a drain has also been constructed which is being used by the plaintiffs-petitioners for irrigating their plots. The suit was contested by the defendant-2 Allahabad Development Authority by filing written statement and objections and counter-affidavit to the ad-interim injunction application. It was pleaded that with the acquisition of the property in