DAULAT RAM Vs. GOPAL KRISHNA BALODI

JUDGEMENT

(1.) This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and order dated 20-12-1994, passed by District Judge, Pauri Garhwal, in civil appeal No. 8 of 1994, whereby judgment and decree dated 12-7- 1994, passed by the trial Court (Munsif, Kotdwar) in suit No. 52 of 1992, decreeing the suit for prohibitory injunction, is affirmed.

(2.) Heard learned counsel for the parties and perused the lower Court record.

(3.) Factual matrix of the case is that plaintiffs/respondents Gopal Krishna Balodi, Basant Kishor and Santosh Kishor, instituted suit No. 52 of 1992, against the defendants Daulat Ram (since deceased) and Navin Kumar for permanent injunction, restraining them from interfering in the possession of the plaintiffs over the land detailed at the foot of the plaint. The plaintiffs (present respondents), pleaded in the plaint that land of khata khasra No. 40, situated in village Sukharo, Kotdwar, was entered in the name of Rajendra Dutta (father of the plaintiffs). Adjoining to the plot of the defendants, plaintiffs have land measuring area VA bighas over which there is a cow shed, which is in their possession since 1955. Defendants with intention to encroach upon the land in occupation of the plaintiffs, have started dismantling the boundary wall and cow shed on the aforesaid land. Hence the suit for permanent injunction restraining the defendants from dismantling the boundary wall and cow shed with further injunction prohibiting the defendants not to interfere in the peaceful possession of the plaintiffs.