SURENDRA NATH BHARGAVA, J. - (1.) THIS is plaintiff's second appeal against the judgment and decree passed by Additional District Judge No. 1, Alwar reversing the judgment and decree of Munsif, Tijara, Kishangarh Bas and dismissing the suit of the plaintiff for possession and injunction.
(2.) THE plaintiff is Mutwali and after taking permission from the Wakf Board, filed the suit, out of which this appeal has arisen, for possession and injunction against the defendant -respondent, alleging that in Village Kot Kasim, there is an open land measuring 41 yards North -South and 30 Yards East -West, which is known as 'Takia' being a Wakf Property, and since the defendant had encroached upon a portion of this land, he filed the present suit for possession and injunction. The defendant contested the suit and filed written statement stating inter -alia that he had been in possession of a plot of land which he had purchased from Gram Panchayat, Kot Kasim by virtue of a Patta dated 18 -11 -1964 (Ex. A -1), and that he has not a encroached upon any land of the Takia.
(3.) THE learned trial court after framing issues and recording evidence of the parties, decreed the suit of the plaintiff. On appeal filed by the defendant, the learned Additional District Judge set aside the decree of the trial court and dismissed the suit of the plaintiff. Hence, this appeal has been preferred by the plaintiff appellant.;