VINEET KOTHARI,J. - (1.) This second appeal under Section 100 of the Code of Civil Procedure filed by the plaintiff is arising out of the judgment and decree dated 23.04.2008 by the learned Additional District Judge No.2, Jodhpur in Civil Appeal (Decree) No.64/1986 "LR's of Heera Lal v. Gopal and Anr." who dismissed the appeal filed by the appellant-plaintiff and affirmed the judgment and decree dated 19.07.1984 passed by the learned Munsif and Judicial Magistrate, First Class, Phalodi, District Jodhpur in Civil Original Suit No.55/1978 "LR's of Heera Lal v. Gopal" by which, the learned Trial Court had dismissed the suit filed by the plaintiff-LR's of Heera Lal seeking declaration and recovery of possession in respect of the suit property situated at Dholabala, Phalodi City viz. a plot of land admeasuring 151 gaj x 151 gaj.
(2.) The present second appeal has been filed by the appellant-Dev Kishan, who is one of the legal representatives of Heera Lal, along with other legal representatives of late Heera Lal, before the learned two Courts below, against the concurrent rejection of their suit, as aforesaid.
(3.) After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court had dismissed the suit of the plaintiff-LR's of Heera Lal on 19.07.1984. The relevant portion of the findings of the learned Trial Court is quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...;