Siddharth, J. - (1.) Heard Sri L.C. Srivastava, learned Counsel for the appellants and Sri R.P. Shukla, learned Counsel for the respondents.
(2.) This is defendants' Second Appeal against the Judgment and Decree dated 23.09.2008, passed by Sri Faridul Haq, Additional District Judge, Court No.14, Allahabad, in Civil Appeal No.107/1993, whereby the appeal has been partly allowed and the Judgment and Decree passed by Sri Jai Jai Ram Pandey, VIIth Additional Chief Judicial Magistrate/ Civil Judge, Allahabad, dismissing the Original Suit No.225 of 1979 (Mahadev Prasad Vs. Shambhu Nath).
(3.) The plaintiff instituted an Original Suit No.225 of 1979, praying for a decree of mandatory injunction directing the defendant to deliver the possession of Suit property to the plaintiff and to make payment @ of Rs.2.83 per day for the use and occupation of the suit property for the period of litigation and till vacation of the disputed property by the defendant.;