Ajay Mohan Goel, J. :

By way of present appeal, the appellant has challenged the judgment and decree passed by the Court of learned District Judge, Bilaspur in Civil Appeal No. 108 of 2003 dated 19.09.2005, vide which the learned appellate Court has upheld the judgment and decree passed by the Court of learned Sub Judge 1st Class, Bilaspur in Civil Suit No. 76/1 of 2001 dated 26.09.2003 with the prayer that the judgments and decrees so passed by both the learned Courts below be set aside and the suit of the plaintiff/appellant be decreed as prayed for.

2. This appeal was admitted on 06.12.2007 on the following substantial question of law:

“Whether the alleged customs of use of maind i.e. boundary land of the respective plots of the parties having not been specifically pleaded nor proved on record therefore the respondent has no right to interfere with the ownership and possession of the appellant.”

3. Brief facts necessary for the adjudication of the present case are that the appellant/plaintiff (hereinafter referred to as ‘the plaintiff’) filed a suit for permanent prohibitory injunction in the Court of learned Sub Judge 1st Class, Bilaspur on the grounds that he was a resid