Ramchandra Singh Jhala, J.

1. The instant second appeal has been preferred by the appellant against the judgment and decree dated 21.4.2000 passed by learned Additional District Judge No. 2, Ganganagar in Appeal (Decree) No. 11/1999 (hereinafter referred to as 'the first appellate court') whereby the appeal filed by the appellant-defendant was dismissed and the judgment and decree dated 3.3.1999 passed by learned Civil Judge (Senior Division) Suratgarh, District Sri. Ganganagar (hereinafter referred to as 'the trial court') in Civil Suit No. 43/89 was confirmed.

2. Brief facts of the case are that the plaintiff deceased Mohan Lal (father of respondents No. 1 and 2 and husband of respondent No. 3) filed a suit for permanent injunction stating therein that he has a plot measuring 825 sq. fts. situated at Bikaner Road which is pattasud land and when he started construction over the said land, the appellant-defendant interrupted in construction, therefore, the late Mohan Lal filed a suit to restrain the appellant-defendants from interfering in the construction work.

3. The appellant-defendant filed written statements wherein they denied all the facts of the plaint and it is stat