Judgment

B. C. RAY, J.:- This appeal by special leave is against the judgment and decree dated 21st December, 1970 of the Allahabad High Court in Second Appeal No. 2757 of 1963 allowing the appeal on setting aside the judgment and decree of the court of appeal below and dismissing the plaintiffs suit.

2. The plaintiff Hari Chand alias Harish Chandra instituted suit No. 6 10 of 1961 in the court of the Munsif, Agra for recovery of possession of the disputed land shown in red colour attached to the plan marked with letters GCDH. on demolition of the unauthorised constructions made thereon by the defendant alleging inter alia that the plaintiff became owner in possession of a piece of land measuring 1580 Sq. ft. situated at Sultanpura, Agra Cantt, designated as No. 164A, and shown in the plan attached thereto with letters A, B, C, D, E, F on the basis of a registered sale deed dated 9th May, 1961, from Ramji Lal owner of the said property. It has been further alleged that the plaintiff started to build a compound wall over and around his land after his purchase. The defendant taking undue advantage of the plaintiffs temporary absence from Agra, wrongfully encroached and trespassed along