SHASHI KANT, J.

1. Heard Sri S.N. Yadav Advocate holding brief of Sri Jai Singh, one of the counsel for the appellants and Sri Ramveer Singh, learned counsel for the respondents.

2. Aforesaid second appeals have been filed by the plaintiff-appellants (hereinafter referred to as "appellants") against the judgment and decree dated 13.10.1980 passed by Sri Kripa Shanker, III Additional Civil Judge, Kanpur in Civil Appeal No. 462 of 1977, whereby appeal filed by appellants has been dismissed, while Civil Appeal No. 433/1977 filed by defendant-respondent (hereinafter referred to as "respondent") Sheo Shanker Singh and others has been allowed and judgment and decree passed by the Trial Court has been set-aside.

3. Feeling themselves aggrieved from the aforesaid judgment and decree, the appellants have been preferred aforesaid second appeals with the prayer to allow appeals, set-aside the judgment and decree passed by the Courts below and to decree the appellants' suit in toto with costs throughout alongwith other reliefs which may be deemed fit and proper.

4. Since both the a