1. - The first appeal filed under Section 96 of CPC by the appellants defendants arises out of the judgment and decree dated 18.07.1995 passed by the Additional District Judge No.3, Jaipur City, Jaipur (hereinafter referred to as 'trial Court') in Civil Suit No. 24/1995 whereby, the trial Court has decreed the suit of the plaintiffs-respondents seeking possession and mandatory injunctions in respect of the suit property.

2. The short facts giving rise to the present appeal are that the respondents-plaintiffs had filed the suit seeking possession of the suit property as well as for the mandatory injunction alleging inter-alia that the suit plot situated at Madhav Nagar Colony, opposite Durgapura, Railway Station was purchased by the plaintiffs from the defendant No.4 Madhav Nagar Grih Nirman Sahkari Samiti Limited, Jaipur and that the appellants-defendants taking undue advantage of the absence of the respondents- plaintiffs had encroached upon the said land and put up illegal construction thereon. According to the respondents-plaintiffs, they had also given notice to the appellants-defendants for handing over the possession of the said plot, however, the appellants did not h