JUDGMENT :- This is a defendants appeal arising out of a suit for injunction restraining the defendants from interfering with the plaintiffs possession over the land in dispute and obstructing him from appropriating the timber of the trees of the plots in suit. The dispute relates to 8 plots of village Chowk, Tappa Sonari, Pargana Tilpur, Tahsil Mahrajganj, district Gorakhpur.

2. Plaintiffs case was that there was a temple of Sri Gorakhnath in Gorakhpur, that the plaintiff was the Mahant of the temple, that the plots in dispute were groves planted by the temple in order to provide firewood for the maintenance of a perpetual fire (Akhand Dhuni) of Sri Gorakh Nath Ji and for use of every day Bhandara of Sadhus in the temple. The plaintiff-respondent claimed to be the Bhumidhar in possession of the plots in dispute. The Forest Department of the State, it was alleged illegally issued a notification declaring the said plots as Reserved Forest. Plaintiffs case was that the said plots did not constitute a forest. They were groves under the U. P. Zamindari Abolition and Land Reforms Act and could not be declared a reserved forest under the Forest Act, (hereinafter referred to as the Act). I

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