(1.) Heard Shri M.C. Kandpal, Counsel for the appellant.
(2.) By the present second appeal filed under section 100 of Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 26.3.1997 passed by the Civil Judge (Upper Division), Nainital as well as the judgment and decree dated 25.3.1994 passed by the Upper Munsif, Haldwani, Nainital.
(3.) Briefly stated a suit was filed by the plaintiff stating therein that he is the owner in possession of the land (hereinafter referred as 'land in dispute') situate at village Bhawan Singh Nawar, Tehsil Haldwani, District Nainital, details of which is given in paragraph 1 of the plaint. The same is quoted below:-