Mahendra Maheshwari, J.— Aggrieved by the judgment and decree dated 14.10.2005 passed by Additional District Judge No.2, Bikaner (for short “the Appellate Court” hereinafter) in Appeal Decree No.1/2003, Municipal Board, Sri Dungargarh v. Bhanwarlal, appellant has preferred this second appeal under Section 100 of the Civil Procedure Code, 1908, whereby the appeal filed by the appellant/defendant against judgment and decree dated 25.11.2002, passed by the Civil Judge (Jr. Div), Sri Dungargarh (for short “the trial court” hereinafter) in Regular Civil Original Case No.16/2001, Bhanwarlal v. Municipal Board, Sri Dungargarh, has been dismissed and the judgment and decree passed by the trial court in favour of the plaintiff/respondent has been affirmed.

2. In short, the facts of this appeal stated in the suit are that the plaintiff/respondent filed a suit before the trial court for declaration and permanent injunction against the defendant/appellant Municipal Board stating therein that the plaintiff and defendant No.2 are the legal heirs of late Shri Chimni Ram and during his life time, late Shri Chimni Ram purchased a plot from Municipal Board Sri Dungargarh on 26.11.1960 by way