Hon’ble Shishir Kumar, J.—This is a defendant’s second appeal arising out of suit filed by plaintiffs-respondents for injunction restraining defendant and for damages against defendant-appellant on the ground that disputed property of Plot No. 25 measuring about 1.577 hectares situated in village Khanalampura Post and District Saharanpur, plaintiffs’ father was in possession of said property. Sri Tahir Hasan father of plaintiffs died on 15.12.1977 and plaintiffs as well as defendant Nos. 2 and 3 their names have been recorded on the basis of application before Tehsildar. An application on behalf of Nagar Palika was also made. Plaintiffs’ application was allowed and name of plaintiffs in place of Tahir Hasan was recorded and application of Nagar Palika was rejected. Against this order, Nagar Palika filed an appeal that has been dismissed and revision too after hearing both the parties was rejected by order dated 5.2.1992. In such circumstances, plaintiffs have become Bhoomidhar and occupant of said property.

2. Inspite of aforesaid fact an application was filed by Nagar Palika without any information to plaintiffs and he got an order in his favour. When plaintiffs came to kn