(1.) The instant second appeal under Section 100 CPC arises out of the judgment and decree dated 12.11.2008 passed in Original Suit No.428/1993 whereby the suit of the plaintiff-respondent for declaration and mandatory injunction was decreed and the defendant's first appeal bearing No.145/2008 was dismissed by means of the judgment and decree dated 27.11.2015 and being aggrieved against the same, the defendant-appellant has preferred the instant appeal.
(2.) In order to appreciate the controversy, in the above second appeal, brief facts, giving rise to the appeal, are being noticed hereinafter.
(3.) Smt. Shah Jahan Begum (original-plaintiff) instituted a suit against Shri Nafees Ahmad (original-defendant) for declaration and mandatory injunction in the Court of Civil Judge (Senior Division) Faizabad which was registered as Original Suit No.428/1993.