Sanjay K. Agrawal, J.

1. This second appeal has been filed by the appellant/plaintiff invoking jurisdiction of this court under Section 100 of C.P.C. by which the plaintiff suit filed for declaration, possession as well as injunction of subject suit land was dismissed by the trial court and duly affirmed by the first appellate court by the impugned judgment and decree dated 28.01.2005. That the plaintiff/appellant instituted a suit for recovery of possession, permanent injunction, declaration and for damages, stating inter-alia that he is owner in possession of subject suit land and defendant/respondent has encroached upon part of suit land owned by him and didn't vacate the same despite receipt of notice served to defendant/respondent under Section 401(1) of Chhattisgarh Municipal Corporation Act, 1956 (hereinafter called as, 'Act of 1956') and claimed afore-stated reliefs.

2. The respondent/defendant filed his written statement before the trial court controverting the allegations made in the suit and took specific stand that no notice has been served to the Municipal Corporation, Raipur (for short, Corporation) under Section401(1) of the Act, 1956 and the notice sent to Com