Hon’ble B. Amit Sthalekar, J.—The appellant in the second appeal is the Cantonment Board, Kanpur and has laid challenge to the judgement and decree of the I Additional Sessions Judge, Kanpur dated 18.1.1993 dismissing the first appeal No. 650 of 1989 (Cantonment Board v. Smt. Shakuntala Devi) arising out of original suit No. 277 of 1977.

2. Briefly stated the facts of the case are that the respondents were granted lease of House No. 35, Cariappa Road, Cantonment Board, Kanpur. The original suit No. 277 of 1977 was filed by the Cantonment Board, Kanpur for permanent injunction restraining the respondents from making unauthorized construction in the said premises. It was stated that the Area Overseer had submitted a report that the respondents had collected construction material and were going to lay foundation and make construction in the said premises in an unauthorized manner. The case was contested by the then respondent Nos. 1 and 2. Two written statements were filed by the respondents and it was denied that any unauthorized construction was being made by them in the premises i.e. House No. 35 Cariappa Road, Kanpur. What was stated was that they were only carrying out ma