Mrs. Poonam Srivastava, J.—Heard Sri B.K. Srivastava learned counsel for the appellant. Defendant-respondent No. 1 Gram Sabha Manik Patti, through its Pradhan Manik Patti, Taluqa Chauthar, Tehsil Gyanpur, district Varanasi has been arrayed as respondent No. 1 Sri V.K. Singh has filed his appearance on behalf of respondent No. 1 but is not present in the Court. Learned standing counsel appears for the respondent No. 2 State of U.P. through Collector. The second appeal is being taken up in the revised list.

2. The present second appeal has been filed by the plaintiff against a concurrent judgment and decree dated 14.10.1981 passed by IInd Additional District Judge, Varanasi in Civil Appeal No. 39 of 1971 confirming the judgment and decree dated 17.9.1971 passed by the Munsif Bhado at Gyanpur in Original Suit No. 2 of 1970, Mahanand v. Gram Sabha and another. The sole plaintiff-appellant died and his heirs have been substituted and have already been brought on record on 9.12.2003. A suit for permanent injunction was filed by the plaintiff-appellant against the contesting respondents for restraining them from causing interference in the peaceful possession over the land which i