Swatanter Kumar, J.

1. Suit of the plaintiff for permanent (Prohibitory and Mandatory) injunction restraining the defendants from interfering into the possession of the plaintiff in the gawara (vacant land) measuring 847 square yards situated at Village Balahkalan described in the plaint was decreed dated 14th December, 1982. Against this judgment and decree, the defendants preferred an appeal, which was allowed by the learned first appellate court. While accepting the appeal of the defendants, suit of the plaintiff was dismissed, leaving the parties to bear their own costs, vide judgment and decree dated 12th March, 1983. Aggrieved from the judgment of the first appellate court, the present Regular Second Appeal was preferred in the year 1983. When the appeal came up for regular hearing on 13th August, 2003, in light of the judgment of the Honble Supreme Court, it was mandatory to frame a question of law arising in the appeal. Thus, vide order dated 13th August, 2003, the following order was passed, after hearing learned counsel for the parties:-

"I have heard the learned counsel for the parties in the light of law enunciated by the Apex court as reported in (2001-2)128 P.