Hon’ble Ashwani Kumar Mishra, J.—This second appeal arises out of a suit filed for permanent injunction by the plaintiff-respondent, restraining the defendant-appellant from interfering in his possession and from raising of construction over the suit property. Suit was dismissed by the trial Court on 25.2.1982, but has been decreed by the lower appellate Court, vide judgment and decree dated 11.12.1984, passed in Civil Appeal No. 40 of 1982. Being aggrieved, the defendant-appellant has preferred this appeal.

2. Facts giving rise to filing of the instant appeal are that plaintiff Chhotai filed suit for permanent injunction with the allegation that his uncle Kalicharan was the occupant of suit property since 1331 Fasli, and upon his death the plaintiff has remained in continuous possession. In the plaint, Chhotai set-out the following family tree to explain his relationship with Kalicharan :

Original plaintiff Chhotai died during pendency of the suit and the proceedings have been carr