Justice Rajiv Sharma, Judge. This Regular Second Appeal is directed against the judgment and decree dated 20.5.2000 rendered by the learned Additional District Judge, Shimla in Civil Appeal No.43-S/ 13 of 1996.

2.“Key facts” necessary for the adjudication of this Regular Second Appeal are that appellant-plaintiff Sushma Mehta and proforma respondent Sushila Kumari filed suit for possession of land bearing Khasra No. 172/1, measuring 5-6-0 bighas situated in Chak Sainji, Tehsil Rohru, District Shimla (hereinafter referred as the suit land) against Sh. Raghubir Singh, predecessor-in-interest of the defendants (hereinafter referred to as the ‘defendant’ for convenience sake). According to the facts, one Raj Kumar Rajinder Singh was owner of land bearing Khasra No. 172/1 measuring 55-14-0 bighas situated in Chak Sainji, Tehsil Jubbal, District Shimla. He sold this land to the plaintiff on 20.4.1965 by way of oral sale and also delivered the possession thereof. The mutation No. 5188 was also attested in favour of the plaintiff. The predecessor-in-interest of the defendants Raghubir Singh, however, encroached upon the portion thereof in the month of December, 1965. Sushila Kumari