Hon’ble Siddharth, J.—Heard Sri Ashish Gupta, learned counsel for the appellant. No one appears on behalf of the respondent even in the revised list.

2. This is defendant’s second appeal directed against the judgment and decree passed by Sri V.D. Dubey, H.J.S., IIIrd Additional District Judge, Agra dated 2.12.1985 passed in Civil Appeal No. 358 of 1978 confirming the decree of the trial Court dated 8.9.1972 passed by Ist Additional Munsif, Agra in Original Suit No. 1100 of 1995.

3. Plaintiff instituted the suit praying for decree of permanent injunction, possession over suit property, alongwith damages for use and occupation at the rate of Rs. 50 per month against the defendants. Money decree for Rs. 1,000/- as damages for building material removed and misappropriated by the defendants for their own use after demolition of the plaintiff’s construction by the defendants was also prayed.

4. The plaintiff’s case is that he was in possession over property in dispute from time of his ancestors for last more than 100 years; that the plaintiff also built several Khaprail Kothas on a portion of the land in suit which are in possession of the tenants and in a portion thereof is chak