S.P. Mehrotra, J. - (1.) THE present Second Appeal, filed by the plaintiffs -appellants, is directed against the judgment and decree dated 23 September, 1983 passed by the learned Civil Judge, Banda (Lower Appellate Court) in Civil Appeal No. 164 of 1983, filed by the plaintiffs -appellants against the judgment and decree dated 26th November, 1982 passed by the learned V th Additional Munsif, Banda (Trial Court).
(2.) IT appears that the plaintiffs -appellants filed a Suit against the defendants -respondents, inter -alia, praying for permanent injunction restraining the defendants -respondents from raising constructions over the land in dispute and for mandatory injunction directing the defendants -respondents to remove the newly -built constructions from the land in dispute. The said Suit was registered as Original Suit No. 24 of 1982. The said Suit was filed by the plaintiffs -appellants mainly on the allegations that the land in dispute was Gram Samaj land meant for public use as Khaliyan, and the plaintiffs -appellants had got easementary right of passage over the land in dispute.
(3.) IT was also alleged by the plaintiffs -appellants that the defendants -respondents had never been in possession of the land in dispute, nor were the defendants -respondents in possession of the land in dispute at the time of filing of the Suit.;