Sandeep Sharma, J.

Instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 26.10.2005, passed by learned Additional District Judge, Una District Una, H.P., in Civil Appeal No. 48 of 2002, affirming the judgment and decree dated 1.4.2002, passed by the learned Sub-Judge, 1st Class, Court No.1, Una, District Una, H.P., in civil Suit No.262 of 1993, whereby suit for mandatory injunction having been filed by the appellant/plaintiff came to be dismissed.

2. Briefly stated facts of the case, as emerged from the record are that appellant/plaintiff (hereinafter referred to as the plaintiff) filed suit for mandatory injunction by demolishing the structure allegedly raised by the respondent/defendant (hereinafter referred to as the defendant) on HIG Plot No.296, situated in Rakkar Colony, Una, Tehsil and District Una, H.P. Plaintiff alleged in the plaint that on the application of the defendant, plaintiff-board allotted a plot No.HIG-296 to the defendant on 6.1.1986 on Hire Purchase Tenancy Agreement (hereinafter referred to as ‘HPTA’) basis. According to plaintiff, after execution of ‘HPTA’ in favour of