ROSHAN LAL Vs. PADAM CHAND

JUDGEMENT

(1.) THIS Regular Second Appeal by the defendants is directed against the judgment and decree dated 17th November, 1999 of learned Additional District Judge, Shimla, whereby accepting the appeal of respondent Padam Chand against the judgment and decree dated nd September, 1997 of the trial Court, by which respondents suit was dismissed, the said judgment and decree of the trial Court have been set aside and the suit of the respondent -plaintiff decreed.

(2.) PLAINTIFF -respondent filed a suit for issuance of permanent prohibitory injunction restraining the defendants -appellants from interfering, in any manner whatsoever, in his possession over Khasra No.744 and also for mandatory injunction for removal of four pillars, which the defendants had allegedly erected on a portion of Khasra No.744, to the extent of one biswa area, as shown in Tatima Ex. PW -2/A. It was pleaded that the plaintiff was owner in possession of Khasra No.744 and that the defendants, while constructing their house on the adjoining land, had made encroachment on a portion of that Khasra number, to the extent of one biswa area, by erecting four pillars, behind the back of the plaintiff.

(3.) TRIAL Court framed issues based on the pleadings of the parties and recorded evidence adduced by the parties. At the end of the trial, it was held that there was no evidence that any encroachment had been made on Khasra No.744 or that the defendants were threatening to cause any interference in Khasra No.744. Consequently, the suit was dismissed.