JUDGMENT :

This is a plaintiff's appeal arising out of a suit for permanent prohibitory injunction.

2. Original Suit No. 441 of 1979 was instituted by Irshad Ahmad against the State of U.P., represented by the Collector, Muzaffar Nagar and the Town Area Committee, Burhana, District Muzaffar Nagar, represented by its Secretary, praying for a permanent injunction to the effect that the defendants be forbidden from interfering with the plaintiff's peaceful possession in the suit property perpetually.

3. The facts giving rise to the appeal are these:

Irshad Ahmad (for short, 'the plaintiff') instituted a suit before the Munsif of Muzaffar Nagar with a case that he had his Pajawa (an indigenous brick-kiln), located in Khasra No. 3299, admeasuring 1 bigha 8 biswa and Khasra No. 3300, admeasuring 10 biswa, situate in the Town and Tehsil Burhana, District Muzaffar Nagar. The said land was the plaintiff's ancestral property, that was included in Khewat No. 19, Mahal Abdul Alam. The said property shall hereinafter be called 'the suit property'. It is the plaintiff's case that the Pajawa is situate in the suit property since a very long time, and, is recorded as such, in the revenue records. In K