BAL KISHAN Vs. DURGA RAM AND ORS.

JUDGEMENT

(1.) THIS is a Regular Second Appeal under Section 100 Code of Civil Procedure filed by the Appellant against the judgment and decree passed by the learned District Judge, Solan, dated 18.4.2000, vide which he dismissed the appeal filed by the Appellant against the judgment and decree of the Court of learned Senior Sub Judge, Solan, dated 15.1.1999, vide which he had dismissed the suit for injunction and possession as against the Appellant.

(2.) BRIEFLY stated, the facts of the case are that the Appellant hereinafter referred to as 'the Plaintiff' filed a suit for injunction and possession as against Respondent No. 1 hereinafter referred to as 'the Defendant'. It was alleged by the Plaintiffs that they are owners in possession of the suit land, as detailed in Para No. 2 of the plaint, measuring 3 Biswas. It was alleged that in the year 1981, in the month of February -March, the Defendant forcibly encroached upon the suit land. The predecessor -in -interest of the Plaintiff, Sobha Ram, made a complaint and the Panchayat recorded a compromise, vide which the Defendant had agreed to exchange 3 biswas of land and had also agreed to pay a sum of Rs. 100/ -. But, the Defendant failed to comply with the said compromise. Thus, it was alleged that the Defendant had forcibly encroached upon the suit land and the suit for injunction and possession was filed by the Plaintiffs.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: