Ajay Mohan Goel, J.

1. By way of this appeal, the appellant has challenged the judgment and decree passed by the Court of learned District Judge, Chamba, in Civil Appeal No. 1 of 2006, dated 18.04.2007, vide which, learned Appellate Court allowed the appeal so filed before it by the present respondents and set aside the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.) Chamba, in Civil Suit No. 38 of 2001, dated 30.09.2005, whereby learned trial Court had dismissed the suit of the plaintiff and had allowed the Counter Claim of the defendant therein i.e. present appellant.

2. Brief facts necessary for the adjudication of this appeal are that respondent/plaintiff (hereinafter referred to as ‘plaintiff’) filed a suit for declaration and permanent prohibitory injunction against the appellant/defendant on the ground that defendant No. 1 was not son of Moti but he in fact was son of Nirmal and suit land which was entered in the name of Kali, widow of Thelu was actually in possession of defendant No. 2, who had delivered the possession of same to the plaintiff. As per the plaintiff, Kali succeeded her husband Thelu after his death as a ‘Gaddi’ widow having