JUDGMENT :

Present second appeal is filed against the judgment and decree dated 22.01.2011 passed by Additional District Judge/VI F.T.C. Dehradun in Civil Appeal No.57 of 2006 “Sultan Singh vs. Sher Bahadur Thapa and another”, whereby the judgment and decree dated 24.05.2006 passed by 2nd Additional Civil Judge (J.D.), Dehradun dismissing the suit of the appellant/plaintiff, has been upheld.

2. In brief, facts of the case are that the plaintiff Sultan Singh (predecessors-in-interest of the appellants) filed a suit seeking a decree of declaration against the respondents/defendants, thereby praying that the wall raised by respondents/defendants be demolished. In the plaint, it was stated by the plaintiff that he is the owner in possession of Property No.74, Gandhi Nagar, Ballupur Road, Dehradun; that, in eastern side of the suit property, at one part there is a road (Street No.3, Rajendra Nagar) and in another part there situates property of defendant no.1; that, in the northern side of the suit property, the property of respondent no.2/defendant no.2 is situated; that, the plaintiff is residing in the house since 1979 while the respondents/defendants constructed their houses in the ye