1. - This second appeal under Section 100 CPC is directed against the judgment and decree dated 18.9.2007 passed by Additional District Judge (Fast Track), No. 1, Pali, Head Quarter Jaitaran, District Pali, whereby the appeal preferred by the appellants against the judgment and decree dated 5.10.2004 passed by Civil Judge (Jr. Div.), Jaitaran, District Pali was dismissed and the decree passed by the trial court has been affirmed.

2. The facts, in brief, may be noticed thus: the plaintiff-respondent No. 1 Gheesa Lal filed a suit for permanent injunction on 11.10.1995 with the averments that a 'Bada' (Nohra) situated at Nimbaj was in the plaintiff's ancestral possession, around which slabs were put and was in the use of the plaintiff's family for over 40 years. It was claimed that the plaintiff's grand-father Budha Ram had a house in the said Nohra and during life time of his grand-father, defendant No. 1 Ganga Ram left Nimbaj; after death of his grand-father, the house being temporary, fell down and the plaintiff's father Rawat Ram started using the same as open land. The defendant No. 1 is permanent resident of Jaitaran for over 20 years and he never remained in possession.