JUDGMENT

P.K. Balasubramanyan, J. — 1. Leave granted.

2. This Appeal by Special Leave is by the legal representatives of the original plaintiff in O.S. No.1326 of 1957 on the file of the Munsif, Mohammadabad Gobarn at Azamgarh. The suit was one for a mandatory injunction directing the defendants in the suit to demolish further constructions put up by them and to fill up a well dug by them in the property claimed to belong to the plaintiff. The plaintiff claimed title and possession over the suit property which was described in the plaint and got demarcated in a sketch. The claim of the plaintiff was that the construction had been put up in plot No. 1301/1 Ba in Village Sarhan Kolla Pargana Mahal, District Azamgarh. The defendants resisted the suit essentially on a plea that the constructions put up by them did not lie in plot No. 1301. They, of course, denied the title and possession claimed by the plaintiff over the portions in which the constructions and the well stood.

3. The suit had a chequered career. There were repeated remands of the suit. What is seen is that ultimately the question boiled down to that of identification of the suit property with reference to the dispu