R. R. YADAV

( 1 ) THE present appeal has been filed against the judgment and decree dated 1-7-1980 passed by learned Additional District Judge, Sirohi in Original Civil Suit No. 3/75 whereby he dismissed the plaintiffs suit for declaration, recovery of possession after ejectment of the defendant-respondents and mesne profits of Rs. 820/- for use and occupation of the disputed premises up to the date of filing of the suit with further mesne profits at the rate of Rs. 40/- per month from the date of filing of the suit till recovery of possession from the defendant-respondents.

( 2 ) THE brief facts necessary for disposal of the present appeal are that the plaintiff-appellant purchased a parkota (land closed with boundary wall) affixed with a wooden door from Shri Makna Ji through registered sale-deed Ex. 2 on 17-11-65. It is averred in the plaint that Shri Makna Ji was in possession of the land in dispute for the last 41 years from the date of purchase from Jodhpur Darbar in auction for Rs. 150/- in the year 1923. It is further averred that the possession of disputed parkota was given to the plaintiff-appellant on the date of sale-deed.

( 3 ) IT is also averred in the plain