1. - Heard learned counsel for the appellant.

2. Brief facts of the case are that the plaintiff filed the suit for mere injunction against the defendant-appellant alleging that the property in dispute, which is a small piece of land having one small cottage was originally belonging to the plaintiff's father and after the death of the plaintiff's s father now belonging to the plaintiff. It is submitted that the cottage was constructed about 15 years ago. On 17th Dec., 1997 the employees of the defendant-UIT came on spot and threaten the plaintiff that the defendants will demolish the construction raised on the property in dispute. In these circumstance, the suit for injunction was filed.The defendant no 1-UIT, Udaipur submitted written statement and denied the title of the plaintiff and submitted that the structure is falling in the Araji No. 399 having measurement 0.6050 hectare and the plaintiff encroached upon the piece of land of this Araji No. 399. Therefore, the defendant has right to remove the encroachment.

3. The trial court while deciding issue no. 1 held that the plaintiff is in possession of the property in dispute and though the plaintiff pleaded that cottage was