ORDER :

Jaspreet Singh, J.

1. This is the plaintiffs' second appeal whereby their suit for mandatory injunction and possession was dismissed by the trial court and his appeal under Section 96 CPC before the Additional District Judge, Pratapgarh also met the same fate.

2. The aforesaid second appeal was admitted by this Court vide order dated 04.12.1980, however, at the time of admission, the substantial questions of law were not framed.

3. During the pendency of the above appeal, the appellants had made an application under Order XLI Rule 27 CPC for filing additional documents on record vide Civil Misc. Application No.336 of 1988 and this Court by means of the order dated 26.08.1988 had directed that the said application shall be heard along with this appeal. Thus, in view of the above, the said application has been heard along with the second appeal.

4. Before delving into the merits of the substantial question of law, certain relevant facts for the purposes of arriving at an effective and just adjudication are being noted hereinafter.

5. The appellants are the legal heirs of one