Dr. Vineet Kothari, J. - (1.) THIS second appeal is arising out of the judgment and decree dated 18.10.2003 passed by the learned Additional District Judge, Sojat Camp Jaitaran, District Pali in Civil Appeal Decree No. 29/1998 "Arjun Prasad & Ors. Vs. Bihari Ji Ka Mandir & Ors." who partly allowed the appeal filed by the defendant -Arjun Prasad & Anr. and modify the judgment and decree dated 16.11.1998 passed by the learned Civil Judge (Junior Division), Jaitaran, District Pali in Civil Original Suit No. 107/1996 (125/1979) "Shri Bihari Ji Ka Mandir Vs. Arjun Lal & Ors." by which, the learned Civil Judge (Junior Division) had decreed the suit filed by the plaintiff seeking declaration, permanent injunction, possession of the land and demolition of the shop.
(2.) THE present second appeal has been filed by the appellants, who were the defendants, against the concurrent findings of the two Courts below against them. The learned Trial Court, after framing of the relevant issues arising out of the plaint and written statement, recording of evidence, vide its judgment and decree dated 16.11.1998, the learned Trial Court had decreed the suit of the plaintiff. The learned Trial Court had decided Issues Nos. 1, 2, 4 and 5 in favour of the plaintiff. The relevant portion of the discussion made by the learned Trial Court is reproduced herein below for ready reference: -
(3.) ON appeal preferred by the defendants, the learned First Appellate Court though did not interfere with the findings of the learned Trial Court given on each of the issue but, while partly allowing the appeal of the defendants by its judgment and decree dated 18.10.2003, modified the final order. The reasoning given by the learned Appellate Court for modification of the final order is quoted herein below for ready reference: - - ;