LAWS(HPH)-2010-3-95

KRISHNA Vs. PARMESHWARI DASS

Decided On March 30, 2010
KRISHNA Appellant
V/S
PARMESHWARI DASS Respondents

JUDGEMENT

(1.) THE defendants No.1 and 2 are in appeal against judgment; decree dated 1.1.2000 passed by learned Addl. District Judge, (1) Kangra at Dharamshala in Civil Appeal No.54 -D/97, dismissing the appeal and decreeing the suit of respondent No.1 for vacant possession of the disputed shed, standing over the suit land comprised in khasra No.859.

(2.) THE facts in brief are that respondent No.1 had filed a suit for declaration with consequential relief of permanent and mandatory injunction against appellants, respondent No.3 and one Hari Mohan predecessor -in -interest of respondents No.4 to 6. The respondent No.2 was proforma defendant No.6 in the suit and one Purna Devi was also impleaded as defendant in the suit. The details of the suit land have been given in the plaint. In view of ultimate order which I intend to pass, it is not necessary to give further details of the plaint.

(3.) THE suit was decreed partly on 6.5.1997 by learned Senior Sub Judge, Kangra at Dharamshala. A decree for declaration and permanent injunction to the effect that the respondent No.1 and respondent No.2 are in possession of the suit land, appellants etc. were restraining from interfering in possession of the respondent No.1 and respondent No.2 on the suit land in any manner.