JUDGMENT :

Rajan Roy, J.

1. Both the aforesaid matters are between the same parties involving a dispute pertaining to the same land, therefore, they were clubbed and have been heard together. It is the second appeal which is being decided first.

Second Appeal No. 315 of 2011:

2. The second appeal has been filed by the legal heirs of the defendant, against the judgment and decree dated 29.5.2008 passed by the Addl. Civil Judge (Jr. Div.), Unnao, in Regular Suit No. 73 of 2003, Ram Autar v. Kanchan, and the judgment and decree of the First Appellate Court dated 26.7.2011 passed by the Additional District Judge (Court No. 1), Unnao.

3. The respondent-plaintiff filed a suit for permanent injunction against Kanchan, the defendant and predecessor-in-interest of the appellants herein. The suit was filed on 26.3.2003. The plaint was accompanied by a certified copy of a "Khasra" dated 17.3.2003 of 1410F. pertaining to Gata Nos. 393 and 394 measuring 0.130 Hect. And 1.320 Hect., the land in dispute as proof of the plaintiff being in possession.

4. A written statement was filed by the defendant denying the possession of the plaintiff and annexing therewith a "Dakhalnama' dated 2.2.2003 by which it