( 1 ) THIS appeal is directed against the decree dated 21/09/1978, passed by District Judge, Sultanpur, in Civil Appeal No. 248 of 1978, arising out of Suit No. 65 of 1974.

( 2 ) RAMRAJ and others, respondents brought a suit against Vishwa Nath and another appellants for perpetual injunction to restrain them from interfering with the formers possession over the land in suit. The respondents also claimed relief for demolition of construction raised by the appellants over the land in suit and for possession. It was alleged by the respondents that they are owners - in possession of the land in suit and the appellants have no concern with the same. The suit was resisted by the appellants on the ground that the land in suit is in possession of the appellants since the time of their ancestors and the disputed constructions were made by the appellants in place of their marha which existed on the site.

( 3 ) THE learned Additional Munsif who tried the suit held that the respondents are not owners of the land in suit and are not entitled to cause the disputed constructions to be demolished or to recover possession of the land in suit. It was further held that the suit is barr