VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant no.1/Delhi Vidyut Board (now known as BSES Rajdhani Power Ltd.) impugning the concurrent Judgments of the courts below; of the Trial Court dated 3.2.2011 and the First Appellate Court dated 16.4.2013; by which the suit for mandatory injunction and permanent injunction as also for damages of Rs.2.50 lacs was decreed to the extent that the appellant/defendant no.1 was directed to remove the electricity transformer installed on the subject land of the respondent/plaintiff comprised in Khasra no.13/3, area of 100 sq yds in village Khaira, Najafgarh, Delhi. The appellant/defendant no.1 was also directed to remove the overhead cables passing through the land of the respondent/plaintiff as depicted in the site plan Ex.PW1/1.

2. The issue in the present case is as to whether the appellant/defendant no.1 had illegally installed a transformer/sub-station on the land belonging to the respondent/plaintiff in November, 2001 i.e without any permission or consent of the respondent/plaintiff, inasmuch as the case of the respondent/plaintiff was