1. - This second appeal under Section 100 CPC has been filed against the judgment and decree dated 20.5.1994 passed by Additional Civil Judge, Jhunjhunu in Civil Regular Appeal No. 36/1986 (24/90 new number) confirming the judgment and decree dated 23.9.1986 passed by Munsiff, Jhunjhunu in Civil Suit No. 270/1970.

2. The short facts of the case leading to filing of this appeal are that suit for declaration and injunction has been filed by the plaintiff -respondent on the ground that the plaintiff is the owner and in possession of the disputed property. A patta has been issued in favour of the father of the plaintiff by Thakur Sahib Harnath Singh Ji in Falgun Sudi 13 Samvat 1987 which is corresponding to 1930. The plaintiff's father died in 1990. Thereafter, plaintiff -respondent remained in possession of the property. He has made constructions over the property thereafter, notice under Section 91 of the Rajasthan Land Revenue Act, 1956 has been issued hence suit for declaration and injunction has been filed. The contention of the respondent was that the property in dispute was not in possession and ownership of the plaintiff respondent and Thakur Sahib Harnath Singh Ji was