R.B. Dixit, J.

1. This Second Appeal has been placed before this Bench for decision in view of the reference made by order dated 6-5-1997 by a learned Single Judge of this Court under Rule 9(1) of the Rules and Orders of the High Court.

2. While admitting the appeal vide the order dated 23-4-1993, the Learned Single Judge (Hon'ble Shri R.C. Lahoti, J, as he then was had formulated the following substantial questions of law:

(i) Whether the plaintiff should have been held to have been in possession of the suit property?

(ii) Whether the plaintiff was entitled to protect his possession even against true owners in spite of his having no title to the property?

3. We have heard the Learned Counsel of both the parties and have carefully perused the record.

4. The facts in brief shorn of details and necessary for the disposal of this appeal lay in a narrow compass:

The appellant-plaintiff had filed a suit for declaration that he was the Bhmiswami in possession of the land in dispute wherein the defendants 1 and 2 had no right and permanent injunction restraining the defendants from interfering in his possession and further not to get it recorded in his favour in the Court of Civil Judge