JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. The appellant/defendant No. 1 has preferred the second appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 4-12-2004 passed by the 1st Additional District Judge, Mahasamund in Civil Appeal No. 39-A/2003 whereby the First Additional District Judge while allowing the appeal and reversing the judgment and decree dated 24-10-2003 passed by the 3rd “Civil Judge, Class-1, in Civil Suit No. 125-A of 2002 dismissed the suit for possession and vacant possession.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 125-A of 2002.

3. This Court vide its order dated 15.04.2005 has stayed the decree so far as it relates to delivery of possession till the next date of hearing and this Court admitted the appeal vide its order dated 27.08.2015 on the following substantial question of law:

“Whether the finding of the first appellate Court regarding title of the plaintiff to the suit land is perverse?”

4. The brief facts as reflected from the record are that the plaintiff filed a civil suit for removing construction of wall, suit property and for possession. The plaintiff has purch