NIDHI GUPTA, J.

Present Second Appeal has been filed by the plaintiff against the judgment of reversal; whereby suit filed by the appellant for declaration and injunction although decreed by the learned Civil Judge (Junior Division), Hansi, has been dismissed by learned Additional District Judge, Hisar.

2. It was pleaded in the plaint that Daut Ram, grandfather of the plaintiff was owner in possession of a plot which was inherited by father of the plaintiff and uncle of the plaintiff namely Sudha. From father of the plaintiff, the said plot was inherited by the plaintiff alongwith his brother, namely, Bir Singh. It was averred in the plaint that there was another plot in the adjoining area which belonged to one Patram deceased, who had died issueless; and he had given his plot measuring 315 sq.yds. to Harke Ram, Ram Swaroop and the plaintiff i.e. plot measuring 250 sq.yds. was given to Harke Ram and Ram Swaroop; and remaining 65 sq.yds was given to the plaintiff. The plaintiff further averred that defendants had got plot measuring 250 sq.yds. from said Harke Ram and Ram Swaroop in exchange and started raising construction of their house. At the time of construction, they had put th