This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 04.03.2005, passed by learned District Judge, Kinnaur at Rampur Bushahr, in Civil Appeal No.49 of 2004, reversing the judgment and decree dated 26.06.2004 passed by learned Civil Judge (Senior Division), District Kinnaur at R/Peo, H.P., whereby suit of the plaintiff was dismissed.

2. Briefly stated facts, as emerged from the record, are that the plaintiff-respondent (hereinafter referred to as the ‘plaintiff’) filed a suit for declaration with consequential relief of permanent injunction against the defendants on the allegations that defendant No.1 Furbu Dandup (since deceased) was owner in possession of land comprised in Khasra No.349, measuring 0-10-01 hectare, situated in revenue estate Kanam, Up Mohal Kanam Khas, Tehsil Pooh, Distt.Kinnaur. It is averred by the plaintiff that on 17.12.1983, deceased defendant No.1 borrowed a sum of Rs.30,500/- from the plaintiff and agreed to return the same to him within a period of one year, failing which, the plaintiff was to be treated owner in possession of the suit land by oral sale thereof.