Arun Kumar Goel, J.—The appellant has filed this appeal against the judgment and decree passed by Shri Jasbir S. Dhaliwal, District and Sessions Judge, Sirmaur District at Nahan dated 26-9-1991. By means-of impugned judgment and decree, while allowing the appeal, first appellate Court has upset the judgment and decree of the trial Court passed in Civil Suit No. 158/1 of 1989/88, dated 7-12-1990, whereby the suit of the Respondent (hereinafter referred to as the Plaintiff’) had been dismissed As a result of the allowing of the appeal by the District Judge, Sirmaur the suit of the plaintiff claiming decree and possession of laud measuring 7 bigha 2 biswas has been decreed.

2. Suit was filed by the plaintiff against the appellant (hereinafter referred to as the Defendant; for possession on the basis of title and that f the defendant is a trespasser over the land measuring 7 bighas 2 biswas (hereinafter referred to as the suit land’ and since the defendant had encroached upon the suit land without any right, as such, possession was claimed, The suit was contested and resisted by the defendant, who pleaded that he is a non-occupancy tenant on payment of 1/4th of Galla-Batai in r