Second Appeal No. 05 of 2001 Hon. P.C. Verma, J. This second appeal has been filed challenging the judgment and order dated 15.1.2001 passed by Civil Judge (S.D.) by which the appeal no. 20 of 93 was allowed and judgment and decree passed by the trial court was set aside and suit was decreed. The plaintiff/ respondent no. 1 filed suit for permanent injunction against the defendants appellants claiming their title own the land in dispute. The trial court after commanding the entire evidence on record has recorded categorical finding the plaintiff respondent No. 1 is the owner of the property and is in possession area the land in dispute. The land was Abadi land prior to the enforcement of the U.P. Act No.1 of 1951. Therefore, the plaintiff cannot be the owner of the property after the enforcement of the U.P. Act 1 of 1951. Since the land was abadi land therefore the suit was not passed by the provision of section 49 of the U.P. Consolidation of Holdings Act .Rest of the preliminary issues have already been decided in favour of the plaintiff. The findings recorded by the lower appellate court is based on evidence on record. No substantial question of law arises in this second appeal. The second appeal is, therefore, dismissed. (P.C. Verma, J) 8.3.2001