RADHESHYAM Vs. KESHAR DEV

JUDGEMENT

(1.) The instant second appeal under Sec. 100 of Code of Civil Procedure arises out of a Civil Suit for permanent injunction bearing No. 39/1976 (198/1980) titled Keshar Dev and Ors. v. Radheshyam and Ors., which was dismissed by the Munsif and Judicial Magistrate, Dantaramgarh, District Sikar vide judgment and decree dtd. 21/12/1981, but on filing Civil First Appeal thereagainst bearing No. 7/1982 (33/1985), before the Court of Additional District Judge, Sikar, the same has been allowed vide judgment and decree dtd. 13/5/1988 and whereunder while setting aside the judgment and decree dtd. 21/12/1981, the civil suit filed by respondents-plaintiffs has been decreed in following terms:-

(2.) The Coordinate Bench of this Court, vide Order dtd. 23/3/1993 framed following substantial question of law for consideration in the present second appeal:

(3.) In order to consider and decide the aforementioned substantial question of law, the seminal facts of the present case as culled out from record are required to be noticed as under: