1. The present second appeal under Section 100 of the Code of Civil Procedure has been preferred by the plaintiff Smt. Chhaya Rai, who is suffering a decree passed by the trial Court on 3-9-1998 decreeing the counter-claim of defendant No.1 Binda Prasad Gupta. The said judgment and decree dated 3-9-1998 passed by the trial Court in Civil Suit No.8-A/98 has been affirmed by the first appellate Court vide the impugned judgment and decree dated 237-2002 in Civil Appeal No.80-A/2002.

2. The facts of the case, in nutshell, are that the suit land bearing Khasra No.771 area 1.01 acre situated at Satipara, Ambikapur was purchased by the plaintiff vide sale-deed dated 14-6-1989 for Rs. 30,000/- from Smt. Bhinsari, widow of Manjhidas. Possession of the land was delivered, however, defendant No.1 tried to interfere with the possession of the plaintiff by digging foundation to construct a wall on the suit land on 31-7-1989 giving rise to filing of the present suit.

3. Defendant No.1 denied the plaint allegations. He claimed ownership over the suit land by virtue of sale-deed dated 26-8-1988 from Manjhidas, son of Budhansai. According to the said defendant, he is in possession of the suit