Hon’ble P.K.S. Baghel, J.—This is defendant’s second appeal under Section 100 C.P.C.

2. Feeling aggrieved by the judgment and decree of the first appellate Court decreeing the suit of the plaintiff-respondent for permanent injunction, the defendant has filed the present second appeal.

3. The plaintiff filed a suit for permanent injunction to restrain the defendant from interfering in his suit property shown in the plaint map as letters Ka, Kha, Ga, Gha. The further relief sought that during the pendency of the suit, the construction raised by the defendant be removed and the possession of the plaintiff be restored.

4. The plaintiff’s case was that the suit property was a Deeh. Its original owner was Gulab and Laxmi both sons of late Musai Manjhi, resident of Mauja Tedhabeer, Tappa Panchwara Pargana Havali, Tehsil Campiarganj, District Gorakhpur. It was their ancestral property. They have shifted to another district. On 31.5.1996 and 3.5.1999, they have executed an unregistered deed in presence of some respectable persons of the village and issued a receipt and also executed a Yaadastnama on 5.6.2012. Since, the plaintiff was in employment, outside of the village, about 15 y