V.K. Ahuja, J.

This is a regular second appeal filed by the appellant under section 100 C.P.C. against the judgment and decree, dated 16.11.2002, passed by the learned Additional District Judge, Shimla, vide which he affirmed the judgment and decree, dated 13.9.2001, passed by the learned Sub Judge, Court No.2, Rohru, District Shimla, H.P., decreeing the suit of the respondent for possession as against the appellant.

2. Briefly stated, the facts of the case are that the respondent, hereinafter also referred to as the plaintiff, filed a suit for possession as against the appellant, hereinafter also referred to as the plaintiff. It was alleged by the plaintiff that he had purchased the suit land comprised in khasra No.977, 978, 1067/1065 from one Sunpur in the year 1976 vide registered sale deed. The plaintiff was employed in Indian Army and the defendant, in his absence, took possession of the disputed land. It was further alleged that one of the khasra No.87 (new) is shown in possession of the defendant, but the same is in possession of the plaintiff as an orchard. The plaintiff requested the defendant to hand over the possession but he refused. Thereafter, the plaintiff fi