TARLOK SINGH CHAUHAN, J.

1. The plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant regular second appeal. The parties hereinafter shall be referred to as the plaintiff and defendant.

2. The brief facts of the case are that the plaintiff filed a suit for permanent injunction on the allegations that the suit land comprised in Khata No.184, Khatauni No.404, Khasra Nos. 257 & 258, kitas-2, measuring 0-30-48 hectares, situate in Mohal and Mauza Haar Daroh, Tehsil Palampur, District Kangra, H.P. (hereinafter referred to as the suit land) is fully owned and possessed by him and despite the defendant having no right, title and interest in the suit land, he is interfering with the same.

3. The defendant contested the suit by filing written statement wherein preliminary objections regarding maintainability, cause of action, estoppel, locus standi, non-joinder and mis-joinder of necessary parties, were taken. On merits, it was denied that the plaintiff is exclusive owner in possession of the suit land, rather it was averred that it is the defendant, who in fact is in actual and physical possession of the suit land and the exist