BIDHI CHAND Vs. BIMLA DEVI

JUDGEMENT

(1.) The present regular second appeal has been preferred by the defendants No.1 to 3 of the suit; against the judgment and decree dtd. 25/9/1995 passed by the Additional District Judge, Hoshiarpur, whereby the appeal filed by the respondents/plaintiffs No.1 to 3 has been accepted by setting aside the judgment and decree dtd. 24/4/1993 passed by the Sub Judge III Class, Hoshiarpur.

(2.) The brief facts of the case are that the plaintiffs/respondents No.1 to 3 had filed a suit seeking permanent injunction against the present appellants and some of the respondents; for restraining them from obstructing or encroaching upon the passage comprised in Khasra No.1322 and further for injunction restraining the defendants from dispossessing the plaintiffs/respondents No.1 to 3 from the land measuring 27 kanals and 09 marlas included in the khasra number as detailed in the head note of the plaint.

(3.) After considering the respective claims, the Trial Court dismissed the suit based upon the report of the Local Commissioner, under which it had come that the appellants/defendants No.1 to 3 had not encroached upon the passage comprised in Khasra No.1322. Rather, there was some encroachment upon the land of passage comprised in the aforesaid khasra number; by the plaintiffs themselves.