DILE RAM Vs. REVAT RAM

JUDGEMENT

(1.) Heard and gone through the record of the case.

(2.) The plaintiff-appellant has filed a suit with respect to the land comprised in Khasra No.1034, situated in Mohal Dawara, Kothi Baragarh, Tehsil and District Kullu, H.P., recorded as `gair mumkin abadi deh' in the revenue record, seeking prohibitory injunction and also mandatory injunction for the demolition of the structure. According to him, on the aforesaid abadi deh, there were two old structures, jointly owned by the parties to the lis in equal shares. It is alleged that in the month of May, 2006, the parties demolished the old structures. The plaintiff asked the defendant to seek partition of the land, but in the month of July, 2006, without seeking partition, the defendant started encroaching upon the land and constructed a house. When he desisted from doing the illegal activities, defendants-respondents refuted his claim, as such, he filed a suit for the above relief.

(3.) The respondents-defendants filed their separate written statements and raised the objection of maintainability of the suit and questioned the locus-standi of plaintiff to file the suit. The case of the plaintiff-appellant was denied in toto, on merits also denied the existence of two old houses on the spot. It was specifically averred that the suit land was owned and possessed by `Devta Jamlu Sham, Dwara'. The structure was constructed by the `Kardar' and `Haryan' of the deity, which was never in possession in any capacity with the appellant. Adjacent to the aforesaid structure, `bhandar' of the `devta' was being constructed.