1. - The plaintiff-appellant, Jitendra Kumar, is aggrieved by the judgment and decree dated 26.2.2008 passed by the Civil Judge (Jr. Div.) No.1, Alwar whereby the learned Magistrate has dismissed the civil suit filed by the appellant. The appellant is equally aggrieved by the judgment and decree dated 9.10.2012 passed by the Additional District Judge No.1, Alwar whereby the learned Judge has dismissed the appeal filed by the appellant, and has affirmed the judgment and decree dated 26.2.2008.

2. The brief facts of the case are that the appellant had filed a civil suit for permanent injunction and declaration wherein he had claimed that he is resident of Village Devkhera, Tehsil and District Alwar. Mohanlal also lives in the same village. On 21.8.1993, he and Mohanlal had entered into an exchange agreement whereby the possession of the plot belonging to Mohanlal was given to him and in turn, the appellant gave the possession of his plot to Mohanlal. He further claimed that since 1993, he has been in peaceful possession of the said plot. According to the appellant, on 27.5.1980, and on 26.5.1980 Mohanlal's father, Chunnilal, was served with a notice by the Tahsildar, Alwar. H