Hon’ble Sudhir Agarwal, J.—Heard Sri R.C. Singh, learned counsel for the appellant and Dr. G.S.D. Mishra, learned counsel appearing for respondents.

2. The plaintiff-appellant instituted Original Suit No. 216 of 1967 seeking injunction in respect to property in dispute that defendants-respondents should not interfere in the peaceful possession of plaintiff-appellant and should also remove the illegal construction raised thereon. It was pleaded that plaintiff-appellant is cultivator-Sirdar on plot No. 1492/2, measuring 1 Bigha, situate in Village Paigamberpur, Pargana Jhunsi, District Allahabad. The property in dispute has nothing to do with defendants-respondents still they are raising construction thereon and interfering with possession of plaintiff-appellant.

3. The Trial Court dismissed suit vide judgment dated 11.9.1969 by deciding issues No. 1 and 2 against plaintiff-appellant holding that he could not demonstrate that he owned or was in possession of disputed plot or that the same formed part of plot No. 1492/2 of which he claimed to be the cultivator-Sirdar. Moreover from the pleadings of plaintiff-appellant it was also evident that disputed land was being utilised b