JUDGMENT :

1. By the present second appeal, appellants are challenging the judgment and order dated 24.04.1995 passed by the learned Additional District Judge, Karvi in Civil Appeal No. 5 of 1990 (Babu Khan and others vs. Atul Prakash) and judgment and order dated 30.04.1990 passed by learned Munsif-Magistrate, Karvi, Banda in Original Suit No. 79 of 1988 (Atul Prakash vs. Babu Khan and others).

2. The suit was filed by the plaintiff-respondent Atul Prakash for cancellation of sale deed dated 28.04.1988 executed by defendant-appellant nos. 1 to 3 in favour of defendant-appellant nos. 4 to 8 and for permanent injunction restraining the defendants-appellants from raising any construction or interfering in possession of the plaintiff over the property in dispute. The Trial Court at the very initial stage, on 16.05.1988, granted an injunction order restraining the defendants-appellants from creating any hindrances. The suit was decreed and the appeal against the same was dismissed.

3. Brief facts of the case are that Rustam Khan was the owner of the property in question. He, unfortunately, died in the year 1964 leaving behind his widow and five sons, namely, Ramzan Khan (eldest), Nazir Kh