JUDGMENT

Lok Pal Singh, J. - Appeal from order is directed against the impugned order dated 03.03.2011, passed by Civil Judge (Sr. Div.) Dehradun in Original Suit No. 477 of 2004 whereby the trial court has decided issue nos. 3 and 4 against plaintiffs and has held that the suit of the plaintiff is barred by Section 331 of Uttar Pradesh Zamindari Abolition and Land Reforms Act (hereinafter referred as UPZA&LR Act) and returned the plaint to the plaintiff.

2. Factual matrix of the case are that the plaintiffs instituted the present suit on the ground that the plaintiffs were the joint owner and in possession of the suit property but due to some clerical mistake the land was recorded as Van Gram Samaj property and the management of the suit property was handed over to the Forest Department in respect of which suit no. 12/2002-03 for declaration of rights was filed in the court of Assistant Collector 1st Class, Dehradun which was decreed in favour of the plaintiffs vide judgment and order dated 19.05.2004 and the plaintiffs continue in possession over the suit property. The plaintiffs are pardanaseen and illiterate women; they appointed defendant no. 2 Sri Rakesh Khurana, their power of