Rakesh Kumar Garg, J.:-

CM No.5767-C of 2008

For the reasons recorded in the application,delay of 5 days in refiling the appeal is condoned.

CM stands disposed of.

RSA No.1928 of 2008

This is plaintiff’s second appeal challenging the judgment and decrees of the Courts below dismissing her suit for possession of the land in dispute by way of ejectment of defendants as well as for removal/demolition of unauthorized structures and also for declaration to the effect that sale deed No.4535 dated 18.3.1987 executed by the plaintiff in favour of defendant No.1 was only for 4 marlas and not more than that and subsequently the sale of said land by defendant No.1 to defendant No.3 vide sale deed dated 3.6.1988 was illegal and recital of 5 marlas in said sale deed which has been incorporated fraudulently, is not binding upon the plaintiff, along with a consequential relief of permanent injunction restraining the defendants not to raise any further construction upon the suit land nor to alienate it in any way and also restraining defendant No.3 not to occupy or encroach upon the said land in any manner.

2. In brief, the case of the plaintiff as set out in the plaint is that he was co-