ANJANI KUMAR MISHRA,J. - (1.) Heard learned counsel for the appellant and Shri Om Prakash Kashyap, counsel for the caveator-respondent.
(2.) This is defendant's second appeal arising out of a suit for mandatory injunction and for possession if found to be out of it.
(3.) The plaint case was that the plaintiff is the owner in possession of plot No. 1193 area 143 links. 100 is recorded as abadi while 43 link is recorded as his bhumidhari land. This land had been inherited by the plaintiff from his maternal grand parents. In his absence, the defendant had raised a chapper on portion of the land which was agricultural land, being 43 link in area after opening a door in his northern wall. Nad and Khunta had also been installed. It was specifically stated that this had been done in the year 1976.;