JUDGMENT :

1. Heard Sri Alok Kumar Yadav, learned counsel for the appellants and Sri Anshu Chaudhary, learned counsel for the respondents. Lower court record has also been persued.

2. This second appeal has been preferred against the judgement and decree dated 28.9.2005 passed by the Additional District Judge, Court No. 17, Allahabad in Civil Appeal No. 368 of 1986, confirming the judgement and decree dated 23.7.1986 passed by the First Additional Munsif, Allahabad in Original Suit No. 655 of 1974.

3. The plaintiffs instituted the Original Suit No. 655 of 1974 against the defendant no.1 praying for a decree of demolition and possession over the suit property.

4. The plaintiffs’ case was that land in dispute is his Sahan for the last 60 years and the defendant no.1 has no concern with the same. In June 1974, he forcibly constructed a wall and made other illegal constructions over the same during the pendency of the suit. The property in dispute is situated over the plot no. 1170 (New no. 1079) in Mauja Mugrao, Pargana Kewal, Tahsil Handia, district Allahabad. The defendant nos. 2 and 3 are real brothers of the plaintiffs and since they were not present at the time of institution of suit