JUDGMENT

Tarun Chatterjee, J.—Leave granted.

2. Bungalow No.12 at Thimayya Road, Cantonment Lucknow (hereinafter referred to as the “Suit property”) originally belonged to Smt. Vimla Bishnoi since deceased who was the mother of the Respondent Nos.1 and 2. By a registered Will executed by her, the suit property was bequeathed in favour of Anil Bishnoi, who is the respondent No.2 in this appeal. On 15th of May 1996 Smt. Vimla Bishnoi expired. On 11th of June 1996 Harsh Bishnoi, who is the respondent No.1 in this appeal, applied for mutation before the Army Authorities, which was rejected by them by an order dated 5th January 1998.

3. A suit has been filed, being Suit No. 199/2002, in the Court of Civil Judge (Sr. Div.) Lucknow by the respondent No.1 for declaration of title over the suit property against the respondent No.2 on the basis of an oral family settlement of the year 1988. In the plaint, the Respondent No.1 herein, has prayed for permanent injunction restraining the Respondent No.2 from interfering with his possession over the suit property. In the suit, an application for injunction restraining the respondent No.2 from transferring, alienating or encumbering the same has be