RAVINDER SINGH Vs. RAI SINGH

JUDGEMENT

(1.) The present appeal arises out of judgment and decree dated 29.5.2007 of the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala (H.P.) in Civil Appeal No. 37-D/05/03, titled Shri Rai Singh Versus Ravinder Singh reversing the judgment and decree dated 30.5.2003 passed by the learned Sub Judge Ist Class (I), Dehra, District Kangra (H.P.) in Civil Suit No. 13 of 1998, titled Rai Singh v. Ravinder Singh , whereby suit for grant of a decree of perpetual prohibitory injunction and in the alternative for possession filed by respondent, Shri Rai Singh, as plaintiff against the appellants being the defendants, was dismissed by the learned trial Court, has been decreed for substantive relief of perpetual prohibitory injunction as also for possession in respect of a part of the land in dispute.

(2.) The dispute between the parties concerns the land bearing Khata No. 8, Khatauni No. 15, Khasra No. 1018, measuring 0-46-13 hectares vide Jamabandi for the year 1993-94, situate in Mohal Bhatehad, Mauza Dhanged, Tehsil Dehra, District Kangra (H.P.), which shall hereinafter be referred to as the suit land. For the sake of convenience, parties shall also be referred to hereinafter by their status as it was before the learned trial Court, i.e. plaintiff and defendants, respectively.

(3.) The case set up by the plaintiff is that he along with his brother is recorded as owner in possession of the suit land. The adjoining land bearing Khasra No. 1017 is owned by defendant No.1. In between these two lands, there are various types of trees having considerable commercial value. The defendants are disputing the existence of North-Western 'Maind' and thus, there is boundary dispute between the parties. It is further averred that the defendants under the garb of being owners of the adjoining field have cut four 'Kamal' trees from the suit land. They are further threatening to cut more trees from the suit land and to encroach upon the same.