JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant civil second appeal has been filed by the appellant-plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 23.03.1995 passed by the Additional District and Sessions Judge, Dholpur (for short ‘the appellate court’) titled as “Ram Gopal Vs. Bhagwan Lal & Ors.”, where by the appellate court has dismissed the appeal filed by the plaintiff and upheld the judgment and decree dated 13.08.1986 passed by Mansif and Judicial Magistrate, Bari (for short ‘the trial court’) in Civil Suit No.91/75, whereby the trial court partly decreed the plaintiff’s suit for permanent and mandatory injunction.

2. Brief facts of the case are that the plaintiff filed a suit for permanent and mandatory injunction against the defendants in which it was mentioned that plaintiff and defendant Nos.3 and 4 Nemichand and Jawala Prasad respectively were having joint ownership of a property comprising of a house, shop and chowk. They are in possession of these properties from the time of their ancestors. House of the defendant Nos.1, 2 and 5 was situated towards the southern side of the chowk. They broke open the wall and in May, 1973 got constructed