Heard Sri Subodh Kumar, learned Counsel for the appellant and Sri V. B. Singh Senior Advocate, assisted by Sri Mohd. Isha Khan for the plaintiff-respondent.

2. Counsels for the parties agreed that the appeal be heard finally at the initial stage itself. The lower appellate Court record was summoned on 20-10-2005. On 5-4-2006 Sri C. B. Gupta Advocate filed his Vakalatnama on behalf of Cantonment Board, Agra subsequently a cross-objection was preferred on 13- 4- 2006 but no arguments were advanced on behalf of the Cantonment Board, Agra.

3. The appellant Union of India through the Secretary, Ministry of Defence, New Delhi defendant No. 1, alone preferred this second appeal against the judgment and decree passed by the VIIIth Additional District Judge, Agra in Civil Appeal No. 81 of 1998 arising out of Original Suit No. 442 of 1995. The suit was instituted by the plaintiff-respondent Ibrahim Uddin seeking a decree for declaration that he is the owner in occupation of the suit property. The suit was dismissed by the Civil Judge (Senior Division), Agra vide judgment dated 20-1-1998. The plaintiff preferred a civil appeal against the appellant and Cantonment Boa