S. N. Srivastava, J.—Petition in hand has been filed assailing the judgment and order dated 28.5.2004, passed by Ist Addl. District Judge, Ghazipur, whereby Misc. Appeal No. 160 of 1998 was allowed and in consequence order passed by trial court dated 30.5.1998 granting temporary injunction in O.S. No. 104 of 1998 was set aside. As a matter of fact this petition was heard and allowed on 26.7.2004 attended with the observation that reasons would follow. Hereinbelow are reasons.

2. Facts forming background to the suit are that plaintiff Keshav Prasad instituted a suit for partition of the property as described in the plaint map. The plaint allegations are that the property in suit was ancestral property in which he had one-third share. It is further alleged that a

private partition mutually acceptable to all, had taken place in the year 1991 between the parties as a consequence of which the property marked and described in the plaint map by letters A, A-2, A-3, A-4 and A-5 fell to the share of the plaintiff and plaintiff invested huge amount for the improvement of the property including pumping set. It is further alleged that the plaintiff constructed three kotharies. It is a