JUDGMENT :

Rajiv Sharma, J.

This Regular Second Appeal is directed against the judgment and decree dated 20.7.2002 rendered by the District Judge, Solan in Civil Appeal No. 9-S/13 of 2001.

2. “Key facts” necessary for the adjudication of this Regular Second Appeal are that appellant-plaintiff (hereinafter referred to as the “plaintiff” for convenience sake) filed a suit for declaration against the respondent-defendant (hereinafter referred to as the “defendant” for convenience sake). According to the plaintiff, the suit land was purchased by him from Raja Durga Singh, the then owner of the suit land at village Kather, Solan. The Musabi and Aks of the lands of village were torn. Thus, the land was purchased as described by boundaries in the registered sale deed dated 12.1.1971 Ext. PW1/A. The land was mentioned as Khasra No. 227/470/2014/2001 min measuring 109-19 and 227/471/1991 as 6 biswas and the boundaries were specifically mentioned. According to the plaintiff, Khasra Nos. 676, 677, 678, 679 and 660 were owned and possessed by him. According to him, as per law the boundaries were to prevail over area as Musabi and Aks being torn and the actual area was mentioned by guess work.

3. T