JUDGMENT

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/defendant is as under:

''Whether the First Appellate Court is justified in reversing the judgment and decree of trial Court and granting decree for possession of the suit land by holding demarcation reportExhibit P/3 is a valid demarcation by recording a finding which is perverse to the record ?

[For the sake of convenience, parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

2. Respondent No.1/plaintiff filed a suit for declaration of title, permanent injunction and for recovery of possession on 20.7.2004 stating interalia that he was granted patta of the land bearing Khasra No.212/10 area 0.05 acre by the competent authority by order dated 11.10.1982 and it was renumbered as Khasra No.481, in which defendant No.1 has encroached, which was got demarcated by the plaintiff on 11.7.2003

(Ex.P3) and as such, he is entitled for declaration of title and possession from defendant No.1.

3. Defendant No.1 by filing written statement has denied the averments made in the plaint and made prayer fo