Hon’ble Sudhir Agarwal, J.—Both these appeals under Section 96 of Code of Civil Procedure (hereinafter referred to as “C.P.C.”) have been filed against common judgment and decree dated 12th April, 2013 passed by Additional Civil Judge (Senior Division) Court No. 21, Lucknow in Regular Suit No. 687/12, Yashraj Singh v. State of U.P. and two others.

2. For the purpose of pleadings and reference of documents, we are relying on record of First Appeal No. 153 of 2013 (hereinafter referred to as “LDA’s Appeal”) and wherever there is any difference, pleadings and reference of documents of Appeal No. 154 of 2013 (hereinafter referred to as “State’s Appeal”) will be referred.

3. Facts, giving rise to above appeals, are briefly stated as under:

4. Yashraj Singh, son of Yashpal Singh-plaintiff-1, (hereinafter referred to as “plaintiff”) in LDA’s Appeal instituted Original Suit No. 687 of 2012 in the Court of Civil Judge, Senior Division, Lucknow vide plaint dated 24th May, 2012. Relief sought in aforesaid Suit is a perpetual injunction restraining defendant-1, i.e. State of U.P., through Special Nazul Officer, Lucknow, and defendant-2, i.e., Lucknow Development Authority through its Vice Chairman (hereinafter referred to as “LDA”), officers, servants and associates thereof from interfering, obstructing or resisting in carrying out development works/raising constructions or otherwise using property in dispute, described in paragraph 1 of plaint i.e. Land Khasra Plots Nos. 67, 68, 69, 70,71, 98, 99, 100 to 112, 116 and 136 measuring 38375 Square Feet (3566.50 Square Meter) situated in Mohalla Khas Bazar (Chaina Bazar), Police Station Qaisarbagh, Lucknow.

5. Plaint case set up by plaintiff is that land in dispute was acquired by plaintiff through registered Gift Deed dated 15th July, 2011 executed by Syed Mohd. Ahmad son of Late Syed Raza Ali Khan, impleaded as defendant-3 in Suit. Sijra of defendant-3, in order to show how he succeeded disputed land from his ancestors, is given in para-3, as under:

	AMAJAD ALI SHAH
Wajid Ali Shah	Mirza Jawad Ali	Nawab Afsar Bahu Begum
First Married Wife Nawab Khas Mahal	Nawab Tajdar Bahu Hasmat Mahat Sahiba		Nawab Badshah Bahu Marriage/Nikah Nikah with Prince
	Second - Married Wife Nawab Akhtar Mahal	Nawab Sultan Bahadur	Hamid Ali
	Prince Khus Bakht	Syed Mohd. Raza Ali Khan	Prince Khusbakht (issue surviving)
	Badshah Bahu Wife of Prince Ahmad Ali	Syed Mohd. Ahmad (defendant-3)

6. Land was recorded in the name of Nawab Afsar Bahu Begum alias Nabboo Sahiba in 1862. Marriage of Nawab Afsar Bahu Begum was solemnized with Prince Hamid Ali. After death of Prince Hamid Ali, Nawab Afsar Bahu Begum was married again to Prince Khus Bakht. Nawab Afsar Bahu Begum ultimately died issueless. Land in dispute was transferred through a registered Hibanama, executed by Chhoti Shahzadi, in favour of her nephew Nawab Sultan Bahdur, in 1918. From Nawab Sultan Bahdur, land was ultimately succeeded by defendant-3 i.e. Syed Mohd. Ahmad.

7. Plaintiff is in actual physical possession over disputed land since the date of execution of gift and till the date of filing of suit. Plaintiff has carried out development works, namely, leveling, removal of earth, filling of ditches/pits etc. A boundary-wall has also been raised. On 12.5.2012, Officials of defendants-1 and 2, i.e. State of U.P. and L.D.A. alongwith police personnel came to disputed land and told that land belong to defendants-1 and 2 and work carried out by plaintiff is unauthorized. It is in these circumstances suit for permanent injunction was filed, seeking following reliefs:

“(A) That by a decree in the nature of perpetual injunction the defendant No. 1 and 2. Its officer’s servant and assigns are any one whomsover acting or clarning through it be restrained permanently from interfering, obstructing or res