JUDGMENT :

Instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, lays challenge to judgment dated 6th September 2008, passed by learned Additional District Judge-I, Una, District Una, Himachal Pradesh in Civil Appeal No.79 of 2005, affirming the judgment and decree dated 31.08.2005, passed by learned Civil Judge (Senior Division) Una, District Una, Himachal Pradesh in Civil Suit No.95 of 2000, whereby suit for possession having been filed by the respondents (hereinafter referred to as the plaintiffs), came to be partly decreed.

2. For having bird’s eye view, certain facts, which are relevant for adjudication of the case are that the plaintiff filed a suit for possession by removal of structure denoted by letters A B C D E F G H shown in red colour in the site plan, standing on the land measuring 0-0-47 hectares, Khewat No.60min, Khatauni Nos.79, 83 Khasra Nos. 705 and 707 to 711 as per jamabandi for the year 1995-96 situate in Village Sohari, Tehsil Bangana, District Una, District Una, Himachal Pradesh (hereinafter referred to as the suit land). In the aforesaid suit, plaintiffs claimed that suit land is owned and possessed by them, but defendant being