Sandeep Sharma, J.

The instant Regular Second Appeal is directed against the judgment and decree dated 16.9.2006, passed by learned District Judge, Hamirpur, H.P in Civil Appeal No.111 of 2005, titled Sh. Rattan Chand versus Sh. Hira Lal, whereby the judgment passed by learned Civil Judge (Jr. Division), Nadaun, District Hamirpur, HP in Civil Suit No.99 of 1999 has been set-aside.

2. Briefly stated facts necessary for adjudication of the case are that the appellants (hereinafter referred to as “plaintiff”) filed a suit for fixation of boundaries by way of demarcation of the land comprised in khata No. 14min, khatauni No.94min, khasra No. 1096, measuring 0-03-82 hectares situated in Tika Dangri, Tapaa Bhumpal, Tehsil Nadaun, District Hamirpur, HP (hereinafter referred to as “ Suit land”) and for permanent prohibitory injunction as well as for possession of the suit land by way of demolition of the superstructure, if any, raised by the respondent (hereinafter referred to as “Defendant”) during the pendency of the suit. Plaintiff in the plaint averred that he is the absolute owner in possession of the suit land as per Misal Haquiat for the year, 1996-97. It is averred that def