JUDGMENT :

SANDEEP SHARMA, J.

1. Instant Regular Second Appeal filed under S.100 CPC lays challenge to judgment and decree dated 26.2.2009 passed by learned Additional District Judge, Fast Track Court, Shimla, Himachal Pradesh in Civil Appeal No. 20-S/13 of 2008 affirming judgment and decree dated 5.3.2008 passed by learned Civil Judge (Senior Division), Shimla, in Civil Suit No. 36/1 of 2006/04, whereby suit for possession having been filed by the respondent/plaintiff (hereinafter ‘plaintiff’) came to be partly decreed.

2. Precisely, the facts of the case as emerge from record are that the plaintiff filed a suit for possession and recovery, averring therein that he is owner of land described by Khata No. 4, Khatauni No. 20, Whether reporters of the Local papers are allowed to see the judgment? Khasra No. 24, measuring 25.54 square metres situate in Mohal Kakhu, Mohal Station Ward, Chhota Shimla, Tehsil and District, Shimla, Himachal Pradesh (hereinafter ‘suit land’). Plaintiff further averred in the suit that in the year 1992, Police Department unauthorizedly and illegally constructed two rooms on the suit land for running a Wireless Station. It is alleged that the suit land was occu