Sandeep Sharma, J.

By way of instant Regular Second Appeal under Section 100 of the Code of Civil Procedure, challenge has been laid to judgment and decree dated 2.9.2005 passed by District Judge, Hamirpur, in Civil Appeal No. 6 of 2005, affirming judgment and decree dated 30.9.2004 passed by Civil Judge (Junior Division), Nadaun, District Hamirpur, Himachal Pradesh in Civil Suit No. 84/2001 (RBT No. 674/2003), whereby suit for possession by way of demolition of construction of road over land in dispute, having been preferred by the plaintiff-appellant (hereinafter, ‘plaintiff’) came to be dismissed.

2. Necessary facts as emerge from the record are that plaintiff filed a suit for possession by way of demolition of construction of road over the land in dispute, averring therein that he is owner-in-possession of the land comprised in Khata No. 2 min. Khatauni No. 5, Khasra No. 142 old, present Khasra No. 300 measuring 0-03-76 hectares and Khasra No. 300/1 measuring 0-00-18 hectares situated in Tika Saloa, Mauza Naunghi, Tehsil Nadaun, District Hamirpur, Himachal Pradesh (hereinafter, ‘suit land’). Plaintiff further averred that the PWD authorities by mistake constructed Nadau