Honble YAMIN, J–In this second appeal the following substantial question of law is involved:-

``WHETHER on the facts and in the circumstances of the case, the learned Civil Judge, Sirohi was, by his order dated September 10, 1978, not right in maintaining the decree of demolition of the construction in question, passed by the Munsif Bali on September 29, 1977 ?

(2). Before deciding the question, it is pertinent to mention the facts of the case. Plaintiffs Bhabhutmal and Sagarmal filed a suit for possession and injunction alleging that a residential house was situated in village Khudala Tehsil Bali details of which are given in para No. 2 of the plaint. A patta of the house was granted by Thikana to the plaintiffs. The defendants had their house adjacent to the plaintiffs house on the western side. They started construction about two months before and insisted that they would open a new door towards the house and open land of the plaintiffs. This way the plaintiffs were threatening. Plaintiffs issued a notice on 28.5.71 that the defendant may not open any apertures towards the land of the plaintiffs and may not trespass over the land of the plaintiffs. But the defendants even then com

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