JUDGMENT

Jaspreet Singh, J.

Heard Shri M. A. Siddiqui, learned counsel for the appellants and Shri Satya Prakash Dubey, learned counsel appearing for the respondent.

2. This is defendants second appeal assailing the judgment of reversal passed by the 4th Additional District Judge, Barabanki in Civil Appeal No.14 of 1989 whereby the suit of the plaintiffs for injunction which was dismissed by the trial court was decreed by the lower appellate court.

3. The instant second appeal was admitted by this Court on 15.10.1990 on the questions of law which reads as under:-

"(G) Whether the unregistered deed of partition could be read in evidence and defendants being not signatory to the same they could be held bound by the same?"

(H) Whether there being no reference of the land in suit in 1967 partition agreement a finding on the basis of said agreement could be recorded on surmises and conjectures?"

4. Before adverting to the aforesaid questions of law certain brief facts giving rise to the instant appeal are noticed hereinafter.

5. The original plaintiff, namely, Abdul Rahman instituted a suit before Munsif, Barabanki registered as Original Suit No.212 of 1981 against six defendants, namely,