JUDGMENT :

1. Heard Shri Kshitij Shailendra, learned counsel for the appellants and Shri Swapnil Kumar, learned counsel for the respondents.

2. This is defendant's second appeal against the judgment and decree dated 23.08.2017 passed by Additional District Judge/ Fast Track Court, Agra in Civil Appeal No. 49 of 2017 and judgment and decree dated 18.02.2017 passed by Additional Civil Judge (Senior Division), Court No.-5, Agra in Original Suit No. 5 of 2008 (Kumari Asha Nigam v. Ajay Nigam & another).

3. The plaintiff instituted original suit against the defendants praying for a decree of mandatory injunction as well as a decree for pendente lite and future mesne profits at the rate of Rs. 10,000/- per month till delivery of actual possession in respect of accommodation situated at the first floor and ground floor forming part of house no. B-10-A (Nagar Nigam No. 36/160) situated at New Agra, Agra.

4. Plaintiff's case is that she is owner of house no. B-10-A, Nagar Nigam No. 36/160, situated at New Agra, Agra; that the aforesaid property is two storied and was purchased by her vide sale deed dated 19.07.1971; that defendant no. 1, Ajay Nigam, is her nephew and defendant no. 2 is his wife