( 1 ) HEARD Sri Madhav Jain, advocate, appearing for the plaintiff/appellants and Miss Sunita agarwal, advocate, appearing for the contesting defendant/ respondents.

( 2 ) THE present second appeal arises out of the judgment and decree dated 21. 1. 1998, passed by the 1st Additional District Judge, Agra, in Civil Appeal No. 330 of 1977 whereby the lower appellate court has set aside the judgment and decree dated 5. 11. 1977, passed in Original Suit no. 57 of 1975. The suit was filed claiming relief of declaration in respect of the decree dated 17. 1. 1974 in Suit No. 447 of 1969, Smt. Muniran v. Safaq and Ors. , as null and void and also to injunct. the defendants from evicting the plaintiffs in pursuant to the execution of decree dated 17. 1. 1974 in Suit No. 447 of 1969.

( 3 ) THE disputed property is situated at Mohalla Kachchiyan Gudri Mansoor Khan, which was mortgaged by Mst. Nathia w/o Karim Bux and Juggi s/o Karim Bux in favour of Wilayat hussain grandfather of the plaintiff Safat Ullah and this mortgage was entered into on 14. 7. 1880. Smt. Muniran sent a notice of demand and possession to Safaq on 17. 3. 1969 and finally the Suit no. 447 of 1969 was in