( 1 ) THE unsuccessful defendant in both the Courts below as appellant in the present second Appeal, had invoked the jurisdiction of this Court under Section 100 of the Code of Civil Procedure raising the following substantial questions of law : 1. Whether the decision of the courts below in granting the relief of mandatory injunction assuming without admitting that there is encroachment even without considering the aspect which the same can be compensated otherwise ? 2. Whether the suit for mere mandatory injunction without seeking declaration is maintainable ? 3. Whether the plaintiffs are bound by the principles of estoppel by conduct in acquiescing and allowing the completion of the constructions ? 4. Whether the decision of the Courts below without considering the entire evidence on record is sustainable ? 5. Whether the suit is bad for non-joinder of necessary parties ? 6. Whether the non-consideration of Exs. B-10 and B-12 by the trial Court and ex. B-10 by the appellate Court would vitiate the Judgment and decree made by the appellate Court ? 7. Whether the plaintiffs having kept quiet for several long years be permitted to raise a ground praying for the r