PAYAR SINGH Vs. NARAYAN DASS

JUDGEMENT

(1.) The Plaintiff has come in revision against judgment dated 29.5.2009 passed by the learned District Judge, Mandi in Civil Misc. Application No. 11 of 2009 allowing the appeal against the order dated 4.3.2009 passed by the learned Civil Judge (Junior Division) Court No. II, Sundernagar, in CMA No. 169 of 2008.

(2.) The facts, in brief, are that the Petitioner has filed a suit for permanent prohibitory and mandatory injunction against the Respondents regarding the land more specifically described in the plaint. It is the case of the Petitioner that suit land is un-partitioned between the parties and the same is situated on the right side of the National Highway (NH) 21.

(3.) The further case of the Petitioner is that his father Devi Ram was entered as a non-occupancy tenant alongwith the Respondents of the suit land, Devi Ram had died on 23.10.2005 and Petitioner is the only legal heir of late Devi Ram on the basis of Will dated 23.12.2000 of Devi Ram. Devi Ram and Respondents became owners under the H. P. Tenancy and Land Reforms Act. The suit land is a valuable piece of land, a co-owner should not be allowed to raise construction till the suit land is partitioned. The Petitioner has constructed his house over suit land and vacant portion is being used as Courtyard and for other functions such as marriage ceremonies etc. The Petitioner is also using the suit land as a passage. The Respondents started digging on the suit land on 11.11.2008 without the permission of the Petitioner and other persons and in these circumstances, the suit was filed.