Poonam Srivastava, J. - (1.) Heard Sri Shashi Nandan, Senior Advocate, assisted by Sri Anoop Trivedi, Counsel for the appellants and Sri Vijay Bahadur Singh and Sri P.P. Srivastava, Senior Advocates assisted by Smt. Tulika Prakash, and Sri Pradeep Chandra, Advocates for the respondents.
(2.) As agreed between the Counsel for the respective parties, the record was summoned at the stage when this second appeal was filed as a fresh case. As interim measure, the parties were directed to maintain status quo. The trial Court record is available and I proceed to decide this second appeal finally.
(3.) Learned Counsel for the appellants has framed as many as five substantial questions of law in this appeal which are enumerated herein below:- a. Whether the plaintiffs-appellants can be evicted/disposed from the 'suit property' without adopting due process of law b. Whether the plaintiffs-appellants are the tenant of the suit property c. Whether the constructions which are standing on the land in question can be demolished without adopting due process of law d. Whether the plaintiffs-appellants can be restrained from enjoying user factory rights over the suit property e. Whether the finding recorded by the learned first appellate Court on issues No. 1,2, 3 and 5 arc wholly erroneous, perverse and against the material and evidence available on record ;