Rajiv Sharma, Judge:-This regular second appeal is directed against the judgment and decree passed by the learned District Judge, Solan in Civil Appeal No. 16-S/13 of 1998 dated 7.12.1998.

2. Brief facts necessary for adjudication of this regular second appeal are that the respondents/plaintiffs (hereinafter referred to as the plaintiffs for convenience sake) had filed a suit for permanent injunction restraining the appellant/defendant (hereinafter referred to as the defendant for convenience sake) from raising any construction or changing the nature of the suit land as detailed in the plaint. It is stated in the plaint that the defendant in order to grab the best piece of land wanted to construct a structure over the suit land and also intended to cut valuable trees. The defendant filed written statement and counter-claim. In counter-claim, it is stated that he is adopted son of Smt. Sunkhi widow of Durgu. He being the legal heir and sole successor of Smt. Ram Rakhi, mutation after the death of Smt. Ram Rakhi should have been attested in his favour. The suit was decreed by the trial court on 30.3.1998. The defendant preferred an appeal before the learned District Judge,