JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by the defendant against the final judgment and order dated 03.11.2006 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Regular Second Appeal No.70 of 1989 whereby the High Court dismissed the appeal filed by the defendant and affirmed the judgment/decree passed by the first Appellate Court dated 17.04.1989 in Appeal Civil No. 19 of 1988 arising out of Civil Suit No.28 of 1983 decided on 06.09.1988 passed by the Munsif and Judicial Magistrate, Raisinghnagar.

2. Facts of the case are simple so also the point involved in the appeal. They, however, need mention in brief infra.

3. The appellant is Nagar Palika Raisinghnagar (Rajasthan). The appellant is the defendant whereas the respondent is the plaintiff in the aforementioned civil suit out of which this appeal arises.

4. The dispute relates to a small piece of land (100x100 sq. ft.) situated at Gaushala Block, Ward No.10 (earlier known as 'E Block'), Raisingh Nagar (hereinafter referred to as "the suit land").

5. The respondent (plaintiff) claiming to be the holder and in possession of the suit land on the strength of Patta issued in favour of his grand fat