M.R. Verma, J.—Being aggrieved by the judgment and decree dated 28.11.1997 passed by the learned Additional District Judge (I), Kangra thereby dismissing the appeal and upholding the judgment and decree dated 8.11.1995 passed by the learned Sub Judge (2), Nurpur, appellant-defendant (hereafter referred to as the defendant) has preferred this second appeal.

2. Brief facts leading to the presentation of this appeal are that the respondent-plaintiff (hereafter referred as the plaintiff) instituted a suit for declaration that the land comprising Khasra Nos. 1172 to 1176 and 1254 measuring 242-99 square metres, situate in Up Mohal Niazpur, Mauza Nurpur Khas, Tehsil Nurpur, District Kangra, is owned and possessed by it and the order dated 10.1.1989 passed by the Settlement Officer, Kangra is illegal, null and void and not binding on it and for possession of the suit land by demolition of the structure standing on the suit land.

3. The case of the plaintiff, as made out in the plaint, is that the suit land was let out to Munu Ram on 3.4.1954 on annual rent of Rs. 18 by Nanak Chand, the then owner thereof. Subsequently, the said owner donated the suit land to the plaintiff Mandir an