Sudhir Agarwal, J.—This appeal under section 100 of CPC has arisen from the judgment and decree dated 21.4.1976 passed by Shri S.K. Mishra, II nd Additional District Judge, Jalaun at Orai whereby it has reversed the judgment and decree dated 22.12.1973 passed by Munsif, Orai in O.S. No. 254 of 1970.

2. The plaintiff Mohd. Azim instituted the aforesaid original suit seeking a permanent injunction against sole defendant Mohd. Shafi restraining him from raising any construction or otherwise interfering in the house and ‘Khandhar’ detailed in the map appended to the plaint which belongs to the plaintiff. The plaint case set up by the plaintiff-respondent was that the plaintiff is owner of the disputed premises which was purchased by the plaintiff’s father Hafiz Ahmad Ullah Khan ide sale deed dated 12.1.1940 registered on 13.1.1940 and since then the plaintiff’s father and thereafter plaintiff is in possession thereof. After the death of plaintiff’s father, the disputed property was partitioned between plaintiff and his brother on 22.3.1969 whereupon the house and other land shown as Aa, Ba, Sa, Da, Ya, Ra, La, Ha, Na came to the share of the plaintiff and since then he is owner