P. K. CHATTERJI, J.

This Second Appeal arises against the judgment and order dated 22-7-1999 passed by the Vth Addl. District Judge, Sitapur in Civil Appeal No. 175 of 1982 arising out of R. S. No. 176 of 1979 decided by Vth Addl. Munsif, Sitapur vide judgment and order dated 6-9-1982.

2. Facts of the case, in brief, are that the plaintiff-appellant filed a suit for permanent as well as mandatory injunction against the defendant-respondents. The disputed land which is part of the Hata of the plaintiff-appellant, is situated in between the houses of the parties. There is a Rasta adjacent to this land towards north and thereafter, situated the house of defendant-respondents. Since the respondents threatened to take forcibly possession by constructing building over the disputed land, the suit was filed by the plaintiff appellant and ad interim injunction was granted. Some constructions were also raised by the defendant-respondents during pendency of the suit and, therefore, relief for demolition was also sought for by making amendment in the plaint. The defendant-respondents protested the suit and claimed his right and title over the disputed land as he used the same to keep their cow

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