( 1 ) SINCE the matter involved a short point I decided to hear the arguments of the parties and to appreciate the position had also sent for the trial court records.

( 2 ) BY this judgement I shall dispose of both the aforesaid appeals as common questions are involved in these appeals.

( 3 ) THESE Second Appeals arise out of the judgement of the trial Court dismissing the suit of the plaintiff for perpetual and mandatory injunctions which decision has been upheld by the Senior Sub Judge vide the impugned order. To my mind the following substantial questions of law would arise in the present case:-

1. Whether in a case wherein the defendant has set up a defence of adverse possession, the courts below were correct in deciding the preliminary issue as to for the form of suit without recording of evidence? 2. Whether the court was correct in construing the principles of granting relief of mandatory injunction only when an act is apprehended and not when an act has already been committed?

( 4 ) IN this case, the plaintiff claiming to be landlord having inherited the temple complex, wherein the property in dispute is situated, had instituted a suit against the respondent w