REVA KHETRAPAL, J.

1. By way of this appeal, the appellant seeks to impugn the judgment of the learned Additional District Judge dated 10th February, 2004 whereby Suit No.85/03 filed by Shree Yog Mayaji Temple was decreed and Suit No.03/04/93 filed by Madan Lal Kaushik was dismissed.

2. At the outset, it must be noted that the plaintiffs in Suit No.85/03, who are arrayed as respondents in the present appeal, namely, Shree Yog Mayaji Temple and Others had filed an application under Order XII Rule 6 CPC praying for the passing of a decree in the suit while certain preliminary issues had been framed in the case of Suit No.03/04/93 filed by the appellant herein, namely, Madan Lal Kaushik, to which I shall presently advert.

3. The facts may be recapitulated in extenso as it is these facts which are material for the purpose of deciding the present appeal. On 04.09.1993, Madan Lal Kaushik, the appellant herein, had filed a suit for declaration and permanent injunction against Shri Hari Narain and Others, being Suit No.03/04/93. It was the case of appellant in the said suit that he was in peaceful physical possession of property No.10/7, Yog Maya Mandir, Mehrauli, New Delhi since t