Present second appeal has been filed against the judgment and decree dated 24.11.1975 passed by Civil Judge, Jhansi in Civil Appeal No. 2 of 1966 arising out of judgment and decree passed by Munsif Jhansi dated 03.12.1964 in Original Suit No. 412 of 1963 (Bade Mahadeviji Maharaj Vs. Dr. Pyare Lal Misra.

2. Brief background of the case is that plaintiff filed Original Suit No. 412 of 1963 on 14.05.1963 before Munsif Jhansi contending therein that land shown by red colour and marked as letter ABCDEFGHIJKLMNO in the map appended to the plaint and area of which is about two acres formed part of plot no. 873 situated within the municipal limit of Mauranipur was Abadi land and the plaintiff was the owner in possession of the said land. On 25.10.1956 defendant of the suit illegally occupied the said land and in this background Original Suit No. 383 of 1957 was instituted in the court of Munsif Jhansi for ejectment of defendant from the said land. Said suit in question after its institution was transferred for disposal to Munsif, Lalitpur. On 09.08.1958 a consent decree was passed in the said suit and on the strength of said consent decree defendant was permitted to remain in occu