JUDGMENT :

Hon'ble J.J. Munir,J.

1. This is a plaintiff's second appeal, arising out of a suit for mandatory injunction.

2. The plaintiff, Bajifunnisha, instituted Suit No.217 of 1983, initially against the State of Uttar Pradesh, represented by the Collector, Jalaun at Orai and the Municipal Board, Kalpi, District Jalaun through its Administrator, praying that a decree of mandatory injunction be passed in her favour, directing that the tinshed worked illegal construction, admeasuring 15'x9', shown by letters ABJK in the plaint map, situate to the north of the plaintiff's shop, shown by letters ABHI, be removed by the defendants, rendering the land underlying the offending construction in the same state as it formally was, so that the plaintiff may use it for her access (ingress-egress) in the manner, it was earlier done.

3. Khunni Lal, who was a tenant in one of the plaintiff's shops and had raised the tinshed worked construction denoted by letters ABJK, was impleaded later on as defendant No.3 to the suit. This was done because in substance, the decree that the plaintiff claimed was against Khunni Lal; not the State or the Municipal Board.

4. The facts giving rise to this appeal are t