By the Court.—This is plaintiff’s appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as ‘CPC’) arising from judgment dated 8.4.2008 and decree dated 15.4.2008 passed by Sri Hetram, Additional District Judge, Court No. 3, Bulandshahr in Original Suit No. 163 of 2000 whereby Court below has dismissed the suit.

2. Plaintiff-appellant Subodh Kumar (hereinafter referred to as ‘appellant’) instituted aforesaid suit in Court of Civil Judge (Senior Division), Bulandshahr vide plaint dated 23.2.2000 seeking a declaratory decree that he is owner of property situate at Bulandshahr City, and, shown in the map appended to plaint, as ABCD, and boundaries whereof are mentioned at the bottom of plaint. Plaintiff also prayed for a decree of mandatory injunction directing defendants/respondents to remove ‘malba’ of standing building at disputed land within the time as provided by Court, failing which Court should direct for removal of ‘malba’ from such agency as it deems fit, and, get disputed land vacated.

3. Plaint case set up by appellant is that Ram Sukh Das, son of Sri Moti Ram, a predecessor in interest of appellant was in possession of disputed property as ‘ow