JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The plaintiff is the appellant, whose suit for declaration and possession was decreed by the learned trial court, however such judgment was reversed by the learned first appellate court constraining him to file the instant appeal.

The parties shall be referred to as the “plaintiff” and “defendants.”

2. The plaintiff filed a suit for declaration to the effect that the mutation No. 601 attested on 29.8.2007 on the basis of the sale deed, dated 25.8.2007, executed by defendant No. 2 late Bal Raj in favour of defendant No. 1 Daya Devi, appellant herein, to the extent of 85/243 share measuring 8-10-00 Bighas of total land measuring 24-06-00 comprised in Khata Khatauni No. 5/5 situated at Mohal Ninuien Pargana Dhundhi, Tehsil and District Chamba, HP is against the preferential right of the plaintiff and is therefore null and void and also inoperative on the rights of the plaintiff. The plaintiff also prayed for a decree of possession of land to the extent of 85/243 share, measuring 8-10-00 bighas, out of the total land measuring 24-06-00 bighas, Khata Khatauni No. 5/5, situated at Mohal Nihuien, as aforesaid.

3. It was further averred by the plaintiff th