Siddharth, J. - (1.) Heard Sri P. C. Jain, learned counsel for the appellants and Sri N. K. Chaturvedi and Sri L. K. Shukla, Advocates, learned counsel for the respondents.
(2.) This is defendant's Second Appeal directed against the Judgment and Decree dated, 19.10.2002, passed by Sri Daljinder Pal Singh, Additional District Judge, Court No.15, Agra, in Civil Appeal No.441 of 1998, whereby the Judgment and Decree dated 16.11.1998, passed by Sri Jaivir Singh, IInd Additional Civil Judge ( Senior Division), Agra, dismissing the Original Suit No.282 of 1981 of the plaintiff has been set aside and the suit has been decreed.
(3.) The plaintiff's instituted an Original Suit No.282 of 1981, praying for a decree for dispossession of the defendant from the suit property, delivery of actual possession of the same to the plaintiffs, direction for payment of Rs.500/- as average damage per month for illegal use and occupation of the disputed property and declaration that the plaintiffs are the owners of the same.;