ORDER :

1. Appellant/plaintiff has filed the present second appeal being aggrieved by the judgment and decree dated 04.12.2012 passed by Civil Judge, Class-II, Manavar, district Dhar and judgment dated 22.09.2016 passed by Additional District Judge, Manavar, district Dhar whereby the suit for declaration and permanent injunction and the first appeal both have been dismissed respectively.

2. Facts of the case in short are as under:

Plaintiff filed a suit for declaration and permanent injunction in respect of a piece of land admeasuring 35 x 12 x 8 sq. ft. situated in Ward No. 13, Juni, Manavar, district Dhar (hereinafter referred as ‘the suit land’). According to the plaintiff, the said land came into his share by way of partition as the same was joint family property/vardiloparjit property. He is using the said land since last so many years for storing garbage, wood, animals and their food etc. He is residing in the house situated at Juni Mohalla, Manavar since last 13 years. The suit land is situated 12 ft. away from the south side of the said house. He purchased the west facing house admeasuring 24 x 75 sq. ft. in the year 1996 from Gajanand. He had an agreement to sell with the fat