V.N. Khare

1. The above second Appeal fled on behalf of the plaintiff-appellants and the cross objection, filed on behalf of defendants- respondents-objectors, arise out of the judgment and decree passed by Civil Judge. Muzaffarnagar on 13th of July 1979 in Civil Appeal No. 404 of 1978, and, therefore, both are feeing disposed of by a common judgment.

2. Asha Ram, the plaintiff, filed Suit No 45 of 1977 for issue of permanent injunction restraining the defendants-respondents from interfer ng, in any way, with his possession over the land in dispute According to the plaint allegations the plaintiff-appellant (ASHA Ram) was the Bhumidhar in possession over plot No. 355 measuring 16 Biswas situate in village Dinkarpur Pargana Shikarpur district Muzaffarnagar, alongwith Mitter Sen and others. The land has been shown by letters A B C D in the site plan attached to the plaint. It was alleged that there stood trees of mango, Neem. Pipal, Guava and Shisham etc. on the said land and there also existed a Kachha Kothri and a fodder cutting machine on the said land. Alternatively, the plaintiff (ASHA Ram) alleged that the land was settled with him under section 9 of the U. P. Zamindari