Arun Mishra, J.

1. This second appeal has been preferred by the Plaintiff aggrieved by the judgment and decree passed by the Court below affirming the dismissal of suit filed by him by the trial Court.

2. Plaintiff filed a suit for permanent injunction for restraining interference by the Defendant No. 1 in his possession over agricultural land comprised in Survey No. 470 area 0.742 hectare alleging himself to be Bhumiswami. Defendant was trying to take possession over a portion of the said survey number in an illegal manner. Demarcation proceedings were drawn and boundaries were duly marked.

2A. The Defendant No. 1 in the written statement denied the plaint allegations and contended that over a part of survey No. 470, area 0.105 hectare towards the northern side the Defendant was in possession, but during pendency of the suit Plaintiff has forcibly taken possession under the guise of an interim prohibitory injunction and the same be ordered to be restored. Thus, counter claim was filed under Order 8, Rule 6A, Code of Civil Procedure Code. It was further contended that possession was continued from the time of his father and for more than 30 years. The Defendant's possession an