Judgment

J. Chelameswar, J.

Leave granted.

This appeal arises out of a judgment dated 23-1-2012 of the High Court of Rajasthan at Jodhpur in an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “CPC”). By the impugned judgment Civil Second Appeal No. 68 of 1993, the appeal was dismissed.

2. The appellant herein filed Civil Suit No. 71 of 1976 on the file of the Additional Munsif and Judicial Magistrate, First Class No. 1, Bikaner seeking a decree of permanent injunction restraining the respondent herein from dispossessing the appellant of a plot of land admeasuring 4914 sq yd and further not to demolish the construction existing over the said property. The appellant pleaded uninterrupted possession of the suit scheduled property from the year 1942. From the averments of the plaint, it appears that the appellant encroached on the said property in the year 1942.

3. The respondent herein disputed the claim of uninterrupted possession from the year 1942 and stated in his written statement as follows:

“In the year 1965 to remove the illegal possession of the plaintiff in notice was issue to him and upon receiving no response, the boundary wall of the suit property was