(1.) The appellants are the legal representatives of the original plaintiffs Shri Shivram Desai while the respondents are the legal representatives of the original defendant Shri Arjun Pednekar. For the sake of convenience the parties are referred to as plaintiff and defendant.
(2.) The plaintiff filed Regular Civil Suit no. 24 of 2001 (old Civil Suit no. 91/1997) for the following reliefs:
(3.) The case made out in the plaint is that the defendant is a mundkar of a dwelling house and had constructed a toilet block near mangor and a poultry farm a year before filing of the suit and this was without the consent of the plaintiff.