A.N. Dikshita, J.

1. THIS second appeal has been filed by the plaintiff-appellant against the judgment and decree dated 13-11-1976 dismissing Civil Appeal No. 192 of 1976 which was preferred against the judgment and decree dated 31-3-1976 in Original Suit No. 503 of 1973 by which the 3rd Additional Munsif, Deoria, had dismissed the suit.

2. THE facts giving rise to this second appeal are : THE appellant had filed a suit for a decree of mandatory injunction for the removal of the disputed Palani, Nad and Khunta from the land situate at Gasalpur Tappa Gobarai, Pargana Salempur Majhauli, district Deoria, and also for a decree of possession over the land in suit or part thereof on the allegations that the respondents who were let out a room of the disputed premises had encroached upon the land vesting with the appellant and had thereafter constructed the impugned Palani, Nad and Khunta. THE respondents contested the suit and denied the plaint allegations it was categorically stated by the respondents that the impugned constructions were neither illegal nor unauthorised and as such were not liable to be removed. Necessary evidence in support of the respective contentions of the p