1. - This appeal is directed against the judgement of the Additional District Judge No.2, Sikar dated 23.10.2008 who while dismissing the appeal filed by the appellant maintained the judgement and decree passed by the Civil Judge (Sr. Division), Dantaramgarh, Sikar dated 26.10.2005. The plaintiff-respondent filed a suit, which was decreed, before the trial court for permanent injunction as well as mandatory injunction inter alia with the plea that there is a rest house at Khatu Shyam Ji belonging to the plaintiff which is surrounded by boundary wall. The aforesaid land measuring 1738 sq. yards was purchased by the plaintiff from one Shri Ram Chandra S/o Shri Chouth Mal, by caste Dhanka, resident of Village Khatu Shyam Ji on 14.7.1995 for sale consideration of Rs. 3,16,500. The construction was made after taking permission from the Gram Panchayat. The Gram Panchayat issued the permission for construction on charging the fee of Rs. 17,390. The defendant no.1, son of ex-Sarpanch taking benefit of his position, is adamant to demolish the construction. It was pleaded that in front of the rest house, after road boundary, there is a Damar road. The defendant-appellant submitted a