JUDGMENT

This second appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 20.10.2022 passed by IX District Judge, Gwalior in RCA No. 6400017 of 2016, by which the judgment and decree dated 01.04.2016 passed by III Additional Judge to the Court of First Civil Judge Class I, Gwalior in Civil Suit No. 94A/2015 has been set aside.

2. Appellant is the defendant who has lost his case from the court below.

3. Facts necessary for disposal of the present appeal, in short, are that respondent Sunita Sharma filed a suit for declaration of title and permanent injunction. It was her case that plaintiff is the owner and in possession of the building situated near Kachhari School, Sudamapuri, Ghas Mandi, Morar, Signature Not Verified Signed by: ANAND District Gwalior, which is having Municipal House No. 26/1251. The disputed property was purchased by her from its earlier vendors Krishnakant Shivkant and Sanjeev Kumar Dixit by registered sale deed dated 12.02.2001. Thereafter, plaintiff constructed a double-storey house. The plot area of the disputed property is 25x26 sq. ft. The disputed property is situated in Survey No. 2789, and plaintiff is regularly depositin