JUDGMENT :

Ved Prakash Vaish, J.

Heard Sri Dev Kumar Tripathi, learned counsel for the appellants and Sri Manoj Kumar Gupta, learned counsel for the respondent.

2. The appellants, who were defendants in the original suit, have filed the present second appeal against the judgment and decree dated 08.12.2004 passed by learned Additional District Judge, Pratapgarh in Civil Appeal bearing No.135 of 1998, whereby the appeal filed by the respondent herein was allowed.

3. Succinctly stated that the facts of the present case are that the respondent herein, Bas Dev filed a suit for permanent injunction bearing Original Suit No.401 of 1991. The case of the respondent/plaintiff was that the disputed land is a part of Gata No.19, situated at Gosainpur, District Pratapgarh is an ancestral abadi land, which is shown as ABCD in the site plan prepared by Sri Abdul Wahab Khan, Advocate/Commissioner, which is a part of the plaint; forefathers of the respondent/plaintiff had been using the disputed land prior to the commencement of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A. & L.R. Act) and the disputed land is being used for cattles and for sitting pu