Sandeep Sharma, J.—Instant regular second appeal filed under Section 100 CPC is directed against judgment and decree dated 30.9.2005 passed by the learned Additional District Judge, Ghumarwin in Civil Appeal No. 243/13 of 2004/2001, affirming the judgment and decree dated 19.6.2001 passed by the learned Sub Judge 1st Class, Ghumarwin in Case No. 10/1 of 1994, whereby suit for declaration/permanent injunction /possession having been filed by the appellant/plaintiff (herein after referred to as, ‘plaintiff’) was dismissed.

2. Briefly stated, facts as emerge from the record are that the plaintiff filed a suit for declaration/ permanent injunction and possession claiming himself to be owner-in-possession of the suit land measuring 0-5 Biswa comprising Khasra No. 476/369 situated in Village Dakri Pargana Tiun, Tehsil Ghumarwin, District Bilaspur, HP. Plaintiff further averred in the plaint that the defendant without having any right, title or interest over the suit land started interfering in the same and raised pillars over Biswansis shown as Khasra No.476/369/1. In the aforesaid background, plaintiff sought declaration that he is owner-in-possession of the suit land. Apart fro