JUDGMENT

Sharad Kumar Sharma, J. - The appellant before this Court is a plaintiff in a Civil Suit No. 74 of 1999, Bachan Singh Vs. General Manager, Tehri Hydro Power Corporation & Another. By virtue of the suit in question, which was instituted by invoking the provisions contained under Section 38 of the Specific Relief Act of 1963, on 02.12.1999, the plaintiff (appellant herein) had sought a decree, to the effect of grant of a decree of mandatory injunction, in relation to the land, which was lying in khatauni No. 117 khet No. 50, out of which 240 sq. meter of land, as shown in schedule (Ka) of the property, described in the plaint map by figure A, B, C, D, for purposes of payment of compensation, as a consequence of the taking over of the property by the defendants/respondents to the suit, without a recourse to the provisions of the Land Acquisition Act, which was the subject matter as an issue before the trial Court. A nature of decree was also solicited by the plaintiff/appellant before the Courts below was for the grant of a decree of mandatory injunction and to remove the construction, which has been raised on the land in question by way of boundary wall. In fact, in totality,