1. - This second appeal has been preferred against the judgment and decree of the first appellate court dated 22.9.2001, by which it has affirmed the judgment and decree of the trial Court dated 18.3.1997.

2. The facts and circumstances giving rise to this case are that the respondent-plaintiffs filed a suit against the appellant-defendants in the Court of the Civil Judge (Junior Division), Nathdwara for permanent injunction on the averments that they were the owners and in possession of the suit property, on which the appellant-defendants were intending to raise construction, thus, they should be restrained from raising any construction thereon. The appellant-defendants filed the written-statement denying the title of the respondent-plaintiffs and claiming their title over the land in dispute. The trial Court, on the basis of pleadings, fronted large number of issues including as to whether the plaintiffs were having the title and possession over the suit property and whether the appellant-defendants wanted to encroach upon the said land. After considering the evidence led by the parties, the trial Court decided both the issues in favour of the plaintiffs holding that the