JUDGMENT :

JASPREET SINGH, J.

1. Heard Sri Mohd. Arif Khan, learned Senior Advocate along with Sri Deepankar Kumar and Mohd. Aslam Khan for the appellants and Sri B.K. Saxena, learned Counsel along with Sri Amit Jaiswal, Ms. Shreya Saxena and Sri Utkarsh Srivastava, for the respondents.

2. The instant second appeal has been preferred against the concurrent judgment and decree passed by the two courts below whereby the Additional Civil Judge, Senior Division, Court No. 24, Lucknow by means of its judgment and decree dated 08.10.2010 dismissed the suit of the plaintiffs-appellants and allowed the counter claim of the defendant-respondent. The aforesaid judgment and decree has been affirmed by the First Appellate Court in Regular Civil Appeal No. 155 of 2010 by A.D.J. Court No. 2, Lucknow by means of its judgment and decree dated 05.02.2014, while dismissing the appeal.

3. The aforesaid second appeal was admitted by means of the order dated 01.04.2014 on three substantial questions of law which shall be discussed later, while dealing with them. However, in order to appreciate the controversy involved in the above second appeal, certain brief facts giving rise to the instant appeal are bei