Sunil Ambwani, J. - (1.) Heard Sri R.B. Singhal learned counsel for the appellant and Sri B. Dayal for the respondents.
(2.) This Second Appeal arises out of original suit No. 408 of 1971 filed by plaintiff for mandatory injunction in respect of Scheduled land shown by letters AI, B, C & CI at the foot of the plaint. The suit was decreed by Second Munsif, Buland Shahr on 30.9.1974. The Civil Appeal No. 409 of 1974 filed by the defendants was partly allowed, and the suit of the plaintiff for mandatory injunction was decreed with costs with directions to the defendants-appellants to remove the tripal and thatch etc. from the disputed land within three months of the judgment dated 26.2.1977. The defendant have filed this appeal against the offending part of the decree by which they were directed to remove the tripal and thatch from the land in suit.
(3.) The second appeal was admitted on 28.3.1978 on the substantial questions of law namely whether the lower appellate court did not take into consideration the evidence produced by The appellant and decided the case only on the basis of the judgment in suit no. 343 of 1949 particularly with the findings which had been recorded by the appellate court on the question of title.;