1. This first appeal under section 96 of CPC has been filed against the judgment and decree dated 28.11.2002, passed by Additional District Judge, Dabra, District Gwalior in Civil Suit No. 1/2000, by which the suit for declaration of title and specific performance of contract filed by the respondent/plaintiff has been decreed.

2. The necessary facts for the disposal of the present appeal in short are that defendant No. 1/appellant No. 1 Kalyan Singh is the owner of the plot ad-measuring 900 sq. ft. situated in Ward No. 16, Shiv Colony, Dabra, District Gwalior (for brevity, this property shall be referred as the ‘’disputed property’’). The ‘’disputed property’’ is a part of survey No. 1850/1 and there is a 10 feet wide road on the East, whereas there is a boundary wall of Sugar Mill on the West. On the North side, house of one Baljeet is situated, whereas on the South side, boundary wall of Sugar Mill is situated. It was pleaded that since this plot was situated near the house of the plaintiff/respondent and the plaintiff/ respondent was using the said plot for the last 15 years for tying his cattle, therefore, he was in possession thereof. On 29.11.1999, the defendant No. 1