1. - This appeal under Section 96 CPC is directed against judgment and decree dated 21.08.2010 passed by Additional District Judge No. 1, Bikaner, whereby, the suit filed by the plaintiff-respondent Madan Lal seeking possession of the suit premises and mesne profit has been decreed.

2. The facts in brief may be noticed thus: the respondent filed a suit on 13.12.1999 seeking possession of the suit property and mesne profit; it was averred that the suit premises were situated at Fad Bazar, which was let out by the adoptive father of the plaintiff Shri Ram Dev to Shri Amar Chand on 28.03.1969 and, on account of compromise, the premises were vacated and the same was handed over to the plaintiff on 04.11.1997; on 14.11.1997 Amar Chand's real brother Shanker Lal-defendant trespassed on the premises and before the plaintiff could take any action, the defendant-Shanker Lal filed a suit on 18.11.1997 for declaration that he be declared tenant and injunction that without adopting due process, he be not evicted; the said suit was partially dismissed on 24.11.1999 holding that Shanker Lal was not entitled for being declared as tenant, he was in possession since 14.11.1997 and injunctio