Nirmal Yadav, J.

1. This is plaintiffs regular second appeal directed against the judgment and decree dated 9.9.1985 passed by Additional District Judge (I), Faridkot whereby the judgment and decree dated 30.4.1981 passed by Sub Judge 1st Class, Palwal decreeing the suit of the plaintiff for mandatory injunction, has been reversed and suit of the plaintiff has been dismissed being not maintainable. The defendant has also filed Cross-Objection No. 25-C of 2006 impugning the findings of the 1st Appellate Court whereby verdict of the trial Court on issues No. 1, 2, 7 and 10 has been affirmed. Hence, both RSA No. 3067 of 1985 and Cross-Objection No. 25-C of 2006 are being decided by this common judgment.

2. The bone of contention between the parties is a three-storied house, as depicted in site-plan, Ex. P3. Appellants/plaintiffs filed a suit for mandatory injunction with a direction to respondent/defendant to vacate and handover the possession of the suit property. According to plaintiffs they were owners in possession of the suit property. In the year 1971, defendant-Rameshwar Dayal Mangla alias Ramesh Chand, who is their first cousin, approached them to allow him to occupy t