Ramchandra Singh Jhala, J.

1. This second appeal has been filed against the judgment and decree dated 21.8.2010 passed by learned District Judge, Chittorgarh (hereinafter referred to as 'the appellate court') in Civil First Appeal No. 39/2010 whereby the judgment and decree dated 22.5.2010 passed by learned Additional Civil Judge (Senior Division) No. 1, Chittorgarh (hereinafter referred to as 'the trial court') in Civil Original Suit No. 21/2007 was set aside.

2. Briefly stated facts of the case which are necessary for disposal of this appeal are that the respondent-plaintiff filed a suit for possession of a particular part of plot where appellant-department constructed the room and set up a tube well. It was pleaded in the plaint that he purchased a plot No. 216 from Municipal Corporation, Chittorgarh in the year 1979. The appellant-defendants on survey found that there was ground water below the said plot and they requested the respondent-plaintiff to allow them to set up a tube well on the said plot for water supply in the locality for which the respondent-plai