JUDGMENT :

1. Heard Sri Arpit Agarwal, learned counsel for the appellants.

2. This is plaintiffs’ second appeal under Section 100 of Code of Civil Procedure (hereinafter called as “CPC”) arising out of judgment and decree dated 13.03.2019 passed by District Judge, Pilibhit and judgment and decree dated 08.03.2022 passed by Civil Judge (Senior Division) arising out of Original Suit No.66 of 2012.

3. Facts, in brief necessary to appreciate the controversy in hand, are that the plaintiff filed an Original Suit No.66 of 2012 claiming relief of permanent injunction against the defendants-respondents for not interfering in the property mentioned in the plaint.

4. Case set up by the plaintiff was that a registered Will was executed on 08.07.1954 by one Smt. Ram Daulati in favour of late Ram Chandra Lal, father of the plaintiffs. The testator of the Will died in the year 1957 and since then the possession of late Ram Chandra Lal continued till his death and thereafter the plaintiffs are in possession. The plaintiffs had demolished the two storey building which was existing over the land in dispute for constructing a new house. It was on 10.03.2012, when the plaintiffs were trying to raise cons